The main bodies of law that cover passenger rights are as follows:
– The Chilean Aeronautical Code, especially from articles 131 and following.
– The Montreal Convention of 1999 (Convention for the Unification of Certain Rules Relating to International Carriage by Air of May 28, 1999, in Montreal, ratified by Chile and in force).
– Law No. 19,496 on Consumer Rights Protection.
– Regulation for the air transportation of persons with disabilities, with reduced mobility, organically decompensated, agonic or unconscious (Supreme Decree No. 369 of the Ministry of National Defense of 2017).

The most important passenger rights, are:

1. Right to receive a ticket.
With the necessary information for the passenger to receive the air transportation service, and know what their rights are.

2. Right to be transported on the date, time and other agreed stipulations.
However, Aerovías DAP may suspend, delay and cancel the flight or modify its conditions, for security reasons or force majeure supervening, such as weather phenomena, armed conflicts, civil disturbances or threats against the aircraft.
In these cases, if there is a delay of more than 3 hours, the passenger has the right to cancel the contract, bearing his own losses, i.e., he may request reimbursement of the amount paid for the ticket.

3. Rights in relation to baggage.
a. The right to carry baggage: which must be within the limits of number, weight and volume established in your contract. For the transfer of extra baggage, this must be the result of the payment of an additional fee.

b. Right to compensation: in case of destruction, loss or damage of baggage, or delay in its delivery, in the transportation of baggage, the carrier’s liability is limited:
– On domestic flights, to 40 Unidades de Fomento for each passenger.
– On international flights, to 1,288 special drawing rights per passenger (the equivalence of this unit of account is informed daily by the Central Bank of Chile).
This limit will not apply: (a) if the passenger made a special declaration of the value of the checked baggage delivery; and (b) if the carrier’s negligence is judicially proven.
The liability of the carrier for the baggage will be extinguished if the passenger does not protest to the carrier, immediately after having noticed the faults or damage or within seven days. In case of delay, this protest must be presented within twenty-one days.
If the baggage is received without protest from the passenger, the law presumes that it has been delivered in good condition.

4. Right to unilaterally terminate (retract) the contract of carriage by air.
This right of withdrawal is applicable in several specific cases:
a. Withdrawal in the event of flight delays or cancellations of more than 3 hours.
In the event of delay or cancellation of a flight, the affected passenger shall have, among others, the right not to persist in the contract and thus request the reimbursement of the total amount paid for the ticket or the unused portion, as the case may be, provided that the waiting time is more than three hours with respect to the scheduled departure time on the ticket. This retraction shall proceed whether or not the cause of the delay or cancellation is attributable to the compan

b. Withdrawal due to medical impediment of the passenger.
In the event of a duly accredited medical impediment, the passenger has the right to request a refund of the amount paid, or to change the date of his/her flight (the latter option will be reviewed in the following section of this document).
To request the refund of the amount paid, the passenger must prove, through a medical certificate, that he/she is unable to travel.
 Requirements:
 – The holder of this right is the passenger, his/her spouse or civil partner, and the passenger’s parents and children, provided they are also passengers included in the same reservation.
 – The content of the medical certificate must indicate the reason for the impediment and the period or dates between which the passenger is prevented from traveling by air.
 – The applicant must comply with three deadlines: a) give notice of the impediment to the company before the scheduled flight time; b) present the medical certificate within twenty-four hours of the notice; and c) request a refund within thirty days of the original scheduled date of travel.
 – Misuse or falsification of the medical certificate is punishable under criminal law.

c. Withdrawal in the event of a denial of shipment due to overbooking.
See “Rights in case of denied shipment due to overbooking”, which is in section 8 of this documenThe generic no-cause withdrawal of Article 131 ter of the Aeronautical Code for domestic flights.

d. Requirements for its exercise:
– Deadlines: this right must be exercised within 48 hours after the purchase of a ticket, for trips purchased at least 7 calendar days before the scheduled departure date and time of the flight; or it must be exercised within 7 days after the conclusion of the air transport contract, if the scheduled departure of the flight takes place within one hundred and eighty days or more after the purchase of the ticket. In both cases, passengers may cancel the contract and receive a full refund of the amount paid, without penalty, with or without the passenger’s request, through the same means used for the purchase of the ticket, within 10 days in the first case, or 30 days in the second case. –
Places: through the respective form available at https://dapairline.com/solicitudes/; or in person at the ticket sales offices, airport counters and authorized agencies of the carrier.
– In case the reimbursement could not be made or in case the payment in cash has been verified, the carrier shall contact the passenger so that he/she may indicate the means to make the reimbursement, which shall be made within a maximum term of 10 days from the date the trip should have been verified. Such reimbursement shall be made within a maximum of 20 days after the passenger provides the carrier with the necessary information for this purpose. In case of unjustified delay, such reimbursement shall be increased by 50% in favor of the passenger every thirty days. Likewise, upon expiration of the first 30-day period without reimbursement to the passenger, the latter may choose to demand reimbursement from the authorized agent who made the sale, or to persist in the reimbursement and surcharges
in accordance with the preceding paragraph.

e. The withdrawal without expression of generic cause of Article 3º bis letter b) of Law Nº19.496 on Protection of Consumers’ Rights.

Requirements for its exercise:
– It must be contracts entered into by electronic means, and in those in which an offer made through catalogs, notices or any other form of distance communication is accepted.
– The passenger does not need to express cause. It is sufficient to exercise the right. –
The term to exercise this right is generally 10 days, counted from the contracting of the service and before the service
is rendered. This once the written confirmation of the contract of carriage has been sent to the passenger. If such confirmation is not sent, the period shall be extended to 90 days from the conclusion of the contract.
 – The company must return what has been paid, without deduction of expenses, as soon as possible and, in any case, within forty-five days following the communication of the withdrawal.
– Important: if Aeronvías DAP has stipulated in the contract that this right shall not apply, it cannot be exercised.

5. Right to change the date of the flight due to medical impediment.
In the event of a duly accredited medical impediment, the passenger has the right to request the modification of the date of his/her flight, or the refund of the amount paid (the latter option corresponds to one of the retractions reviewed in the previous paragraph of this document).
To request the modification of the date of his/her flight, the passenger must prove, through a medical certificate, that he/she is unable to travel. Requirements:
 – The holder of this right is the passenger, his/her spouse or civil partner, and the passenger’s parents and children, provided they are passengers included in the same reservation.
 – The content of the medical certificate must indicate the reason for the impediment and the period or dates between which the passenger is prevented from traveling by air. –
The applicant must comply with two deadlines:
a) give notice of the impediment to the company before the scheduled flight time; and
b) present the medical certificate within twenty-four hours of the notice.
 – The travel date may be set and the flight may take place up to one year from the original scheduled travel date and may not be postponed beyond that.
 – Misuse or falsification of the medical certificate is punishable under criminal law.

5. Rights in case of flight delay or cancellation.
a. Right to persist in the contract of carriage.
Boarding on the next flight available to the carrier, or in an alternative transportation, if he/she decides to persist in the air transportation contract; whether the flight has not yet started or has started and is in a stopover and/or connection. This right shall apply whether or not the carrier is responsible for the cause of the delay or cancellation.

b. Right to withdraw from the contract (withdrawal).
In the event of a delay or cancellation of a flight, the affected passenger shall have, among others, the right not to persist in the contract and thus request the reimbursement of the total amount paid for the ticket or the unused portion, as the case may be, provided that the waiting time is more than three hours with respect to the scheduled departure time on the ticket. This retraction shall proceed whether or not the cause of the delay or cancellation is attributable to the company.

c. Right to assistance benefits if the cause of the delay or cancellation of the flight is attributable to the carrier:
– Communications: whether by telephone, electronic or other means, provided that the flight departure is delayed for more than one hour.
– Meals and refreshments: which shall be equivalent to at least 0.5 Unidades de Fomento (the value of the Unidad de Fomento is informed daily by the Central Bank of Chile). The first benefit will be payable in the event of a delay in departure equal to or greater than two hours; and new benefits will be payable each time an additional three hours of waiting time elapse. These benefits will be provided within each corresponding period, so they will not be cumulative; and they will not proceed if the passenger is not present at the airport, or if he/she is receiving lodging.
– Accommodation: for passengers with a return flight and for passengers with outbound flights who are denied boarding at a connecting point, not residing in the city, town or area of the departure airport, in the event that they are offered a new flight whose departure is at least the day after the scheduled departure on the ticket, and provided that the passenger must spend one or more nights and the waiting time for boarding the other flight so requires. Overnight” shall mean from midnight to 6:00 a.m.
 – Mobilizations: from the airport to the passenger’s place of residence in the city, town or area of the airport of departure, or to the place of lodging, and vice versa, if applicable.
 – Arrangements and benefits: The arrangements and benefits that are necessary to continue the trip, in the event that the passenger misses a connecting flight with a confirmed reservation.
 It shall be understood that a ticket is confirmed with respect to the points of departure and destination indicated therein, including intermediate points of connection or stopover, to the extent that the reservation or ticket has been accepted and registered by the air carrier or its authorized agent.
 Journey with stopover and/or connection” means a journey whose arrival at destination includes a point of departure and one or more intermediate points of stopover and/or connection, when they form part of the same contract.

d. Right to compensation for flight delays or cancellations attributable to the carrier:
– If there is a delay or cancellation, the Chilean Aeronautical Code applies, which provides for compensation only if the event involved a delay of more than 3 hours (or 4 hours if the aircraft has a capacity of up to 29 seats); The
amount to be paid shall not exceed two hundred and fifty Unidades de Fomento for each passenger, although an amount higher than that limit may be sued in court if the carrier’s fraud or fault is proven; and this compensation shall not be applicable if the carrier proves that it adopted the necessary measures to avoid the event causing the cancellation, or that it was impossible for it to adopt them.
– In the case of a delay, the Montreal Convention of 1999, in force in Chile, applies. Its article 19 makes the carrier liable, unless it proves that it took all measures that were reasonably necessary to avoid the damage or that it was impossible to take them; liability is limited to 5,346 Special Drawing Rights per passenger (the equivalence of this unit of account is reported daily by the Central Bank of Chile); this limit will not be applied if the carrier’s intent or recklessness is proven in court.

7. Right to transfer the ticket on domestic flights.
The passenger may freely and free of charge transfer his/her right to be transported on a domestic flight, for one-way and/or return journeys. Requirements:
– The assignment may only be made up to 24 hours prior to the flight.
 – It may only be made between individuals and only once for each ticket, any subsequent transfer by the transferee being invalid. Likewise, in a calendar year, the passenger may only transfer his right up to a maximum of two times per carrier, at the rate of one transfer for each six-month period.
 – The transfer will be perfected by means of the individualization of the transferor and the transferee in the respective form available at https://dapairline.com/solicitudes/; or in person at the ticket sales offices, airport counters and authorized agencies of the carrier.
 – It shall be the sole responsibility of the transferor that the information provided is accurate and correct. Once this information is entered, a transfer voucher will be issued.
 – Transfers may in no case be made for profit, nor as a commercial activity or on a regular basis. Violation of the above is punishable under Article 133 G of the Aeronautical Code.
 The terms indicated are without prejudice to the conditions of greater flexibility that Aerovías DAP offers or agrees with the passenger.

8. Rights in case of denied boarding due to overbooking.
a. Right to choose between persisting in the contract of carriage or withdrawing from it.
If persisting, it implies that the passenger boards the next flight that the carrier has available, or an alternative transport.
If, on the other hand, the passenger withdraws from the contract of carriage, and carriage has not commenced, the passenger is entitled to a refund of the full amount paid for the ticket. If he/she withdraws, but the performance of a journey with stopover and/or connection has already begun, the passenger shall be entitled to “reimbursement of the unused portion” or “return to the point of departure, with reimbursement of the ticket price”.
 In the event that the passenger opts for a refund, payment shall be made in the most expeditious manner possible, within a maximum period of ten working days from the date of denied boarding. The consumer will have the option to receive such amounts at least in cash or by electronic bank transfer.

b. Right to payment of compensation.
In addition, the passenger affected by the denied boarding shall be offered a sum of money as compensation, according to the following table:

c. Right to compensation.
The passenger who accepts the payment of the preceding compensations “may not subsequently take action against the carrier for the same act, without prejudice to the infringements and indemnities established in Law No. 19,496, which establishes rules on the protection of consumers’ rights” (article 133 Nº2, second paragraph of the Aeronautical Code).
That is to say, the passenger may choose not to accept such compensation, and sue for damages if he/she considers that his/her damages are for a higher amount. Likewise, he/she may exercise the legal actions that he/she deems pertinent to enforce the responsibilities that may be contemplated by Law No. 19,496.

d. Right to assistance benefits.
If the passenger decides to persevere with the contract, the company shall provide him/her with:
– Communications: whether by telephone, electronic or of any other nature, provided that the flight departure is delayed for more than one hour.
– Meals and refreshments: which shall be equivalent to at least 0.5 Unidades de Fomento (the value of the Unidad de Fomento is reported daily by the Central Bank of Chile). The first benefit will be payable in the event of a delay in departure equal to or greater than two hours; and new benefits will be payable each time an additional three hours of waiting time elapses. These benefits will be provided within each corresponding period, so they will not be cumulative; and they will not proceed if the passenger is not present at the airport, or if he/she is receiving lodging. –
Accommodation: for passengers with a return flight and for passengers with outbound
flights who are denied boarding at a connecting point, not residing in the city, town or area of the departure airport, in the event that they are offered a new flight whose departure is at least the day after the scheduled departure on the ticket, and provided that the passenger must spend one or more nights and the waiting time for boarding the other flight so requires. Overnight” shall mean from midnight to 6:00 a.m.
– Mobilizations: from the airport to the passenger’s place of residence in the city, town or area of the airport of departure, or to the place of lodging, and vice versa, if applicable.
 – Arrangements and benefits: The arrangements and benefits that are necessary to continue the trip, in case the passenger misses a connecting flight with a confirmed reservation.
 It shall be understood that a ticket is confirmed with respect to the points of departure and destination indicated therein, including intermediate points of connection or stopover, to the extent that the reservation or ticket has been accepted and registered by the air carrier or its authorized agent.
 “Stopover and/or connecting journey” means a journey whose arrival at destination includes a point of departure and one or more intermediate points of stopover and/or connection, when they form part of the same contract.
 In case of denied boarding, priority boarding shall be given to unaccompanied children, persons with disabilities, elderly passengers or passengers in poor health, pregnant women who, due to their condition, require priority boarding and, in general, passengers who, for humanitarian reasons qualified by the company, should be given priority boarding.

9. Right to fly in adjacent seats with respect to children under 14 years of age.
The carrier must take the necessary measures so that children under 14 years of age travel in seats next to those of at least one adult member of their family or an adult included in the same reservation.

10. Right to reimbursement of the boarding fee in case the trip is not verified.
If the trip is not verified, the amount paid for the boarding fee will be refunded, within the following 10 days, through the same means used to pay the ticket.
If it has not been possible to make the refund or if the payment in cash has been verified, the carrier shall contact the passenger so that he/she may indicate the means to make the refund, which shall be made within a maximum period of ten days from the date the trip should have been verified. Such restitution shall be made within a maximum period of ten days after the passenger provides the carrier with the necessary information for this purpose. In case of unjustified delay, such refund shall be increased by 50% in favor of the passenger every thirty days.
 Once the first period of 30 days has expired without the restitution to the passenger, the latter may choose to demand the restitution to the travel agency that has made the sale, or to persist in the restitution and surcharges in accordance with the preceding paragraph against the carrier.
Notwithstanding the foregoing, Aerovías DAP has enabled a form at https://dapairline.com/solicitudes/, so that passengers may also request the refund of the boarding fee.

11. Rights of passengers with disabilities and reduced mobility.
These rights are established in the Regulation for the air transportation of persons with disabilities, reduced mobility, organically decompensated, agonic or unconscious (Supreme Decree No. 369 of the Ministry of National Defense of 2017). A copy of this Regulation must be available and visible at the sales and customer service offices.
The fundamental rights in the Regulation, are: right to access to air transportation (article 1, first paragraph), right to special information (articles 4 and 6), right to request assistance (article 8), right to facilities for transportation (article 11), right to transport technical aids (article 10, paragraphs 1 to 3), the right to transport mechanical wheelchairs with their luggage (article 10, fourth paragraph), the right to be transported with their orthosis and/or prosthesis (article 13), the right to be accompanied by their assistance dogs (article 14), the right to priority seating (article 17), and the right to adjacent seating (article 23).

12. Right to compensation for damages.
This document has commented on the right to compensation in some specific events: delay, cancellation or denied boarding, as well as in case of damage to baggage.
The passenger will always have the right to take legal action for damages if he/she considers that he/she has suffered damages in the event of other possible breaches by the carrier.
Means available to the passenger to claim for the eventual infringement of his rights:
a. Directly before Aerovías DAP and, specifically, in the contact form available at https://dapairline.com/contacto/.
b. An administrative claim before the National Consumer Service (www.sernac.cl).
c. Or a legal action for damages, either before a Local Police Court if the passenger considers that Law No. 19,496 on Protection of Consumer Rights has been infringed; or before the Ordinary Courts of Justice (Civil Courts), if the passenger considers that a generic contractual breach has been incurred.

Website of the Civil Aeronautics Board.
It is also possible to find out about passenger rights on the website of the Civil Aeronautics
Board (its content is the responsibility of the Civil Aeronautics Board), through the following link: http://derechosdelpasajero.jac.gob.cl/, which can also be accessed through the following QR code:

Sitio web de la Junta de Aeronáutica Civil.
También es posible informarse sobre los derechos del pasajero, en el sitio web de la Junta Aeronaútica Civil (su contenido es responsabilidad de dicho Organismo), a través del siguiente enlace: http://derechosdelpasajero.jac.gob.cl/, al que también puede accederse a partir del siguiente código QR: