Was your flight or vacation canceled? Find out what you're entitled to.

Analysis of tourists' rights, including issues such as trip cancellation, refunds, and the responsibility of tourism companies.

On September 27th, we celebrate World Tourism Day. The discovery of new countries and cities, as well as the adventurous spirit of learning new things, are undoubtedly universal. However, sometimes this experience, which should be unique, is hindered by common mishaps that most travelers face.

Do you know your rights in case of a flight cancellation? If you are traveling to or from a European Union country (including Iceland, Norway, and Switzerland), you should be aware of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004. Let's see:

In the event of a flight cancellation, you are entitled to:

1. Choose between a refund or re-routing under equivalent transport conditions;
2. Assistance: meals, drinks, and accommodation, when necessary, transportation, and two telephone calls/messages - all free of charge;
3. Compensation: i) €250 for flights up to 1,500 km; ii) €400 for intra-Community flights up to 1,500 km or other flights between 1,500 and 3,500 km and iii) €600 for all other flights.

3.1 Except if:

• The cancellation was communicated to the customer at least two weeks in advance;
• Or, if not, if re-routing has been offered that does not significantly affect the originally scheduled departure and arrival times (and such forecast will vary according to the advance notice).
• The cancellation or delay of the flight was due to extraordinary circumstances;

And in case of a delay?

• Right to assistance, under the terms referred to for cancellation, if the delay is more than: 2 hours or more for flights up to 1,500 km; 3 hours or more for intra-Community flights up to 1,500 km or other flights between 1,500 and 3,500 km; 4 hours or more for all other flights.
• Right to a refund if the delay is more than 4 hours;
• Compensation: The Court of Justice of the European Union has held that if the delay on arrival at the destination is more than three hours, passengers are entitled to the same compensation as a flight cancellation.

And if you purchased your trip from a travel agency, what are your rights? If your trip is a package tour purchased from a travel agency, the agency is responsible even if the services are to be performed by third parties, pursuant to Decree-Law No. 17/2018 of March 8th. The travel agency must always assist the traveler and ensure the fulfillment and correction of any defective fulfillment. Failing to do so, the traveler has the following rights:

• In case of non-conformity, the customer is entitled to the difference between the expected and the actual services provided and to be compensated;
• A price reduction if the Agency proposes adequate alternatives, but these are of lower quality;
• If the contract has been significantly affected and it is not possible to find alternatives or the traveler refuses them because they are totally out of line with the initial contract, the traveler may terminate the contract without further notice and request a price reduction and/or compensation.

There will be no compensation if the agency proves that the non-conformity is: a) attributable to the traveler; or b) attributable to a third party not party to the contract; or c) is due to unavoidable and exceptional circumstances. Jurisprudence has held that victims are also entitled to receive compensation for non-pecuniary damage called "spoiled holiday damages".