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When traveling by plane - especially during busy holiday seasons - delays, canceled flights, and damaged or lost luggage are, unfortunately, not uncommon. While these situations can be annoying, frustrating, or simply inconvenient, there are really only two things you can do when affected: keep your cool and know your rights.
Losing your temper, yelling at, insulting, or even threatening ground staff - who in most cases aren’t responsible for the situation - won’t get you on the next available flight any faster or make your luggage magically reappear. As difficult as it may be in the moment, staying calm (or at least neutral) usually works in your favor. A friendly approach and a smile often gets you further than raising your voice.
That said, you don’t have to accept being brushed off when you have a valid claim. Knowing your rights and what you are entitled to when something goes wrong is essential; although, admittedly, it’s not always straightforward.
Table of contents
Universal air passenger rights
The only truly global agreement governing air travel is the Montreal Convention, a multilateral treaty adopted by over 130 countries worldwide, including Peru. It establishes basic airline liability, defines compensation rules for damaged or lost luggage, and outlines fundamental passenger rights on international flights between member countries.
However, the Montreal Convention is far less detailed and consumer-friendly than, for example, the European EC 261, which provides extensive protection and compensation rights for passengers traveling to, from, or within the European Union. It is also less comprehensive than U.S. regulations concerning denied boarding, tarmac delays, or baggage issues.
As a result, your actual rights as an air traveler often depend on a combination of international agreements, national laws, and sometimes even the airline’s own policies.
Air passenger rights in Peru
In Peru, air passenger rights are based on several legal frameworks, including the Montreal Convention, the Andean Community Decision No. 619, the Peruvian Consumer Protection Code, and the Civil Aviation Law (Law No. 27261).
These regulations define passenger rights in cases of delays, cancellations, denied boarding, and luggage issues.
Important note
It’s important to note that the rights outlined below apply only when the airline is responsible for the disruption. If a delay or cancellation is caused by extraordinary circumstances (force majeure) - such as severe weather, political unrest, or security risks - the airline is generally not obliged to pay compensation.
Delayed flight
If your flight departs later than scheduled, your entitlements depend on the length of the delay:
- 2 to 4-hour flight delay:
The airline must provide a snack and allow you to make a phone call. - 4 to 6-hour flight delay:
In addition to a snack, you are entitled to a meal (breakfast, lunch, or dinner, depending on the time of day), plus a phone call. - More than 6-hour flight delay:
The airline must provide a snack and meals according to the time of day and pay compensation equivalent to 25% of the remaining value of your ticket.
If an overnight stay becomes necessary, the airline must also provide accommodation and transportation between the airport and the hotel.
Canceled flight
If your flight is canceled, you have the right to:
- A full refund of the remaining ticket value, or
- An alternative flight on the same day
While waiting, the airline must provide meals according to the delay rules above.
If no same-day replacement flight is available, the airline must cover:
- Accommodation until a replacement flight is available
- Meals (breakfast, lunch, and dinner)
- Transportation between airport and hotel
If the flight was delayed before being canceled, additional compensation may apply according to the delayed flights regulations.
Denied boarding and overbooking
- Denied boarding for valid reasons:
If a passenger poses a health, safety, or security risk (for example due to intoxication, invalid travel documents, or aggressive behavior), the airline may deny boarding. In this case, the airline is only required to refund the unused portion of the ticket. - Overbooking:
Airlines often sell more tickets than available seats, expecting no-shows.- Voluntary denied boarding:
Airlines may offer compensation (cash, points, vouchers, upgrades) to passengers willing to give up their seat and to fly later. If you volunteer, you are not legally entitled to compensation - so negotiate wisely. - Involuntary denied boarding:
If you are denied boarding against your will despite having a valid ticket, the airline must:- pay compensation equal to 25% of the remaining ticket value
- offer you a seat on the next available flight on the same route
- If necessary, arrange a flight with another airline as soon as possible
- Voluntary denied boarding:
Flight set earlier than scheduled
If your flight departs earlier than scheduled and you were not informed in time - meaning you arrive at the airport as planned but the flight has already left - you can choose between:
- A full refund of the remaining ticket value, or
- Rebooking on the next available flight (with the same or another airline)
If required, the airline must also cover accommodation, meals, and transportation.
Luggage issues
Checked baggage is the airline’s responsibility. Airlines must compensate passengers for provable losses resulting from delayed, damaged, or lost luggage.
Most airlines operating in Peru follow the Montreal Convention, although some offer more generous policies - so it’s always worth checking your airline’s conditions.
- Delayed luggage:
Airlines must reimburse reasonable expenses (such as toiletries or basic clothing). Keep all receipts, but be reasonable, luxury purchases are unlikely to be reimbursed. - Damaged luggage:
Airlines must cover repair or replacement within reasonable limits. - Lost luggage:
Airlines have up to 21 days to locate missing baggage. After that, it is considered lost.
Compensation under the Montreal Convention is capped at approximately 1,131 SDR (Special Drawing Rights), which equals around US$1,600, for international flights. On domestic flights within Peru, the amount is typically lower. Be aware that the airline must also reimburse you for reasonable expenses within in the 21-day waiting period.
Some final words ...
No matter what goes wrong during your journey, your first step - before even leaving the airport - should be to contact the airline, explain your situation, and, if necessary, file a formal complaint.
Make sure to keep all relevant documents safe, including:
- Ticket and boarding pass
- Payment receipt
- Luggage tags
- Claim number
- Any additional receipts or evidence
If possible, request written confirmation from the airline and take photos as supporting proof.
If you are unsure about your rights or the airline is uncooperative, visit an iPerú information desk at the airport. They can provide guidance and assist you with your complaint.
As a last resort, you can file a claim with Indecopi, Peru’s National Consumer Protection Authority.
Please note: LimaEasy is not a Peruvian government agency, public authority, or law firm. The information provided is based on our best knowledge and is intended as general guidance to help you understand Peruvian regulations and procedures. Regulations and practices may change at any time and without prior notice, so we recommend verifying current details with the relevant authorities before acting on this information.
And last but not least: If you notice any inaccuracies or outdated information on this page, please help us keep this guide up to date by leaving a comment below or contacting us via our contact form. Thank you for your support!
