LATAM flight compensation — what are my rights when flying outside of Europe?
Did you fly with LATAM from Europe? Because LATAM is a non-EU airline, your rights to flight compensation are not always covered by British and EU law.
To be eligible for LATAM flight compensation, you must have been travelling from a European airport.
Unfortunately, your passengers' rights are not protected under British and European flight compensation regulations when flying to the UK/EU on a non-EU airline.
See table below for more details.
| Type of flight | Example | Compensation |
|---|---|---|
| Flying with a British carrier | Tokyo to London with British Airways | Yes |
| Flying with a EU carrier | Amsterdam to London with KLM | Yes |
| Flying with a non-UK/non-EU carrier from the UK | London to Tokyo with Japan Airlines | Yes |
| Flying with a non-UK/non-EU carrier to the UK | Tokyo to London with Japan Airlines | No |
Delayed LATAM flight — get compensation!
Under European regulations, if your LATAM flight from Europe was delayed by more than 3 hours, you are entitled to flight compensation. Compensation is only available if the airline is at fault for the delay; if the delay was caused by a third party or by force majeure, compensation is not available.
To see if you are eligible for compensation, use our no-obligation Claim Calculator. If you are eligible, we can handle the entire claim procedure on a "no win, no fee" basis and even fight for your rights in court if necessary!
Cancelled LATAM flight — refund and compensation policies
To begin with, your flight must depart from Europe in order to be eligible for a refund and compensation under British and European flight compensation legislation.
Depending on the circumstances of your LATAM flight cancellation, you may be entitled to compensation up to £520, a refund, or both!
When should you file a claim for a cancelled LATAM flight?
According to British and European flight compensation regulations, you can claim compensation for a LATAM flight if the cancellation was announced less than 14 days before the departure date.
LATAM must be at fault for the cancellation; read more about when the airline can refuse compensation in the 'Extraordinary Circumstances' section of this article.
When to request a refund for a cancelled LATAM flight?
There are two scenarios where you can request a LATAM refund:
The airline cancelled your flight without providing you with an alternative.
The airline cancelled your flight and offered you an alternative flight, which you declined
You are entitled to a full refund of your plane ticket only if your cancelled LATAM flight was scheduled to depart from Europe.
| Cancellation notice | Alternative flight | Compensation |
|---|---|---|
| Fewer than 7 days in advance | Departs 1h+ earlier or arrived 2h+ later | Yes |
| 7-14 days in advance | Departs 2h+ earlier or arrived 4h+ later | Yes |
| Fewer than 14 days in advance | No alternative flight offered | Yes + refund |
Delayed or cancelled LATAM flight? You could get £520 in flight compensation!
With us, you can claim compensation in just a few minutes!
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Delayed or cancelled flight — how much flight compensation can I claim?
In general, the amount of compensation depends on the distance of your flight:
| Distance of your flight | Compensation |
|---|---|
| Flights shorter than 1,500 km | Get £220 per passenger |
| Flight between 1,500 and 3,500 km | Get £350 per passenger |
| Flights of over 1,500 kilometres within the EU | Get £350 per passenger |
| Flights of over 3,500 kilometres outside of the EU | Get £520 per passenger |
When flying with LATAM, you generally can get up to £520 as flights from this airline departing from Europe usually travel more than 3,500 kilometres.
Extraordinary circumstances — when can LATAM deny me compensation?
If the delay or cancellation was caused by a third party or force majeure, LATAM may deny you flight compensation. These situations are known as extraordinary circumstances.
The following are some of the most common extraordinary circumstances:
Bad weather conditions, such as thick fog, heavy rain, or thunderstorms.
A strike, most often specifically within the aviation industry (for example, a strike of air traffic control workers at a specific airport).
However, a strike of the airline's crew is not considered an extraordinary circumstance!
Political circumstances, such as a terrorist attack or general security risk due to political unrest.
Natural disasters, including volcanic eruptions and hurricanes.
A collision between the aircraft and birds or other foreign objects.
An ill or unruly passenger.
Flight delays caused by the airport staff, such as extraordinarily long queues to security checks.
Please keep in mind that airlines may claim that those exceptional circumstances occurred even if that was not the case. Airlines do this to avoid having to pay out compensation.
How long do I have to claim my LATAM flight compensation and refund?
The law of the country of origin applies when flying with a non-UK/EU airline to a non-UK/EU destination. If you were leaving from the UK, you would have 6 years to claim.
However, if you, for example, fly with LATAM from the Netherlands to Santiago de Chile, you have 2 years, under Dutch law, to file a claim for flight compensation.
Are you unsure whether you are still eligible for flight compensation? Check it out in just a few steps with our free Claim Calculator.
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How long will it take for me to receive my LATAM flight compensation/refund?
Passengers who use Flight-Delayed.co.uk frequently receive their compensation and refunds in just a few weeks or months.
If the airline is unresponsive or the claim must be taken to court, the wait time could be extended by several months to several years.
If you decide to file a claim with Flight-Delayed.co.uk, our team of experts will contact you to share any developments in your case and will, of course, be available to answer any questions you may have.
How to claim LATAM flight compensation/refund?
Claim with Flight-Delayed.co.uk in less than 5 minutes and let our experts handle your case!
Uploading all required documents to our platform will only take a few minutes. Our legal team will then assess your claim, prepare legal documents, contact the airline's decision-makers, and, if necessary, take your claim to court.
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If you wish to learn more about our fees, please visit our Price List page.
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About LATAM
LATAM Airlines is a Chilean airline holding company based in Santiago. It is Latin America's largest airline, with subsidiaries in Brazil, Colombia, Ecuador, Paraguay, and Peru.
LATAM Airlines offers flights to destinations all across South America but also to and from Europe, North America, the Caribbeans and Oceania.
Useful links
- Avianca flight compensation
- More details on delayed flight compensation
- More details on cancelled flight compensation
- Post-Brexit flight compensation rules in the UK
- Rules regarding missed flight compensation
- Rules regarding flight compensation in the case of denied boarding
- Claim Calculator — check if you are eligible for compensation