Once your flight is cancelled, you do not have to accept whatever the airline proposes first. Resolução ANAC nº 400/2016 (ANAC Resolution 400) puts the choice in your hands: be rebooked, get your money back or continue by another means of transport. This page shows what the rule requires and what changes on 26 October 2026.
What the airline must offer
| Situation or waiting time | What the airline must offer | Basis |
|---|---|---|
| Flight cancelled or service interrupted | Inform you immediately; rebooking, a refund or performance of the service by another mode of transport, at your choice | Arts. 20 and 21, II |
| Wait of more than 1 hour | Communication facilities (until 25/10/2026; item repealed from 26/10/2026) | Art. 27, I |
| Wait of more than 2 hours | Meals according to the time of day: a meal or an individual voucher | Art. 27, II |
| Wait of more than 4 hours | Accommodation, if you must stay overnight, plus round-trip transfers | Art. 27, III |
Material assistance is free and owed in cases of delay, cancellation, service interruption and denied boarding (Art. 26). ANAC’s page says it applies whatever the reason for the cancellation. The airline may leave it out if you opt for rebooking on its own flight on a date and time that suit you, or for a full refund (Art. 27, § 3). Someone who lives in the city of the departure airport may receive only the transfer home instead of accommodation (Art. 27, § 1).
Rebooking
It must be free and made at the first opportunity, on a flight of the airline itself or of another, to the same destination. If that flight does not suit you, you can ask for a flight of the airline itself on a date and time that suit you (Art. 28). Rebooking does not override transport contracts already made and takes precedence over new sales. Passengers who need special assistance have priority. According to ANAC, the new date must fall within the remaining validity of the ticket.
Refund
The deadline is 7 days from the request, by the payment method used for the purchase (Art. 29). The refund is full if requested at the airport of origin, stopover or connection, with return to the origin guaranteed in the last two, and proportional to the unused segment if the journey already made is of use to you (Art. 30). The airline may return the money as ticket credit only if you agree, in writing, and the credit must be freely usable, including to buy a ticket for someone else (Art. 31).
Cancellation or change notified in advance
Resolution 400 separates a cancellation on the day of the flight from a change scheduled by the airline (Art. 25). For scheduled changes, of time or itinerary, the rule requires notice at least 72 hours in advance. If notice comes later than that, or if the departure or arrival time changes by more than 30 minutes on a domestic flight (1 hour on an international one) and you do not agree, the airline must offer rebooking and a full refund, at your choice (Art. 12, § 1).
If the reason was bad weather or another event outside the airline’s control
The Código Brasileiro de Aeronáutica (Brazilian Aeronautical Code) says the carrier is not liable for the delay when it proves that, because of a fortuitous event or force majeure, it was impossible to take the necessary, sufficient and adequate measures to avoid the harm. But the same law states that this does not release the airline from offering material assistance and the alternatives of refund, rebooking or performance of the service by another mode of transport (Art. 256, §§ 1, 3 and 4, as worded by Lei nº 14.034/2020). For compensation in money, see moral damages for a flight delay.
What changes on 26 October 2026
Resolução ANAC nº 813, of 23 September 2026 (ANAC Resolution 813; Diário Oficial da União, the official gazette, of 25/09/2026), amends Resolution 400 from 26 October 2026:
- Article 20 now requires clear, accessible and updated information about the cancellation, including through digital channels, with the alternatives of rebooking, refund or other transport and how to obtain material assistance;
- item I of Article 27 (communication after 1 hour) is repealed; meals after 2 hours and accommodation with transfers after 4 hours, if overnight, continue;
- Article 27-B lets the airline, in exceptional situations, reimburse within 7 days documented expenses for meals, transport and accommodation;
- Article 25-B refers civil liability for cancellation to the law and treaties and excludes it in the fortuitous or force majeure cases of Lei nº 7.565/1986.
The alternatives in Article 21 and the 7-day refund deadline do not appear among the changes made by Resolution 813.
What to do
- Ask for the reason for the cancellation in writing (Art. 20, § 2).
- Tell the airline which alternative you choose, preferably in writing or through its electronic channel.
- Keep the boarding pass, the booking confirmation, the airline’s messages and the receipts.
- If the refund takes more than 7 days or the airline refuses what the rule requires, go on to how to complain.
Sources and date
Official texts opened on 16 October 2026. The Resolution 400 in force on that date is the consolidated version on ANAC’s website, with the amendments of Resolutions 434/2017, 692/2022 and 800/2026, which do not touch the articles cited here. Resolution 813/2026 applies only from 26 October 2026. For the general picture, see ANAC Resolution 400 and delayed flight in Brazil; for flights leaving other countries, see flight cancellation.