TAM Linhas Aéreas compensation: the airline is now LATAM Brasil
TAM Linhas Aéreas no longer flies under that name. After merging with Chile's LAN in 2012, the Brazilian carrier switched to the LATAM brand in May 2016 and now trades as LATAM Airlines Brasil, headquartered in São Paulo with its main hub at Guarulhos. Whether your ticket says TAM or LATAM, your rights are the same.
One point matters above all: this is a non-EU airline. Regulation (EC) 261/2004 only covers its flights leaving an EU airport, such as Frankfurt–São Paulo or Madrid–São Paulo. The flight home from Brazil to Europe is not covered by EU rules, even on the same ticket. Departures from London are protected by the UK's own version of the rules instead.
Delay out of Europe
Your flight from an EU airport reached Brazil 3 hours or more late.
3 hours at arrivalCancellation
The departure from Europe was cancelled with under 14 days' notice.
Late noticeDenied boarding
You were turned away at a European gate because the flight was oversold.
ImmediateNot covered
Flights from Brazil to Europe, separately booked domestic Brazilian flights, genuine extraordinary circumstances.
Non-EU departuresUnsure about your itinerary? Check your TAM or LATAM Brasil flight.
How much TAM (LATAM Brasil) pays: €600 per passenger
Every route between Europe and Brazil is far longer than 3,500 km, so the amount is always the top rate.
| Route | Covered? | Amount |
|---|---|---|
| Frankfurt–São Paulo, Paris–São Paulo | Yes, departs the EU | €600 |
| Madrid–São Paulo, Lisbon–São Paulo | Yes, departs the EU | €600 |
| São Paulo–Frankfurt, São Paulo–Madrid | No, departs Brazil | Not payable |
Each traveller claims individually, children with their own seat included, so two people on a late Madrid–São Paulo flight are owed €1,200.
Delayed TAM flight from Europe: what to do
- Keep boarding passes for every leg, including any onward flight from Guarulhos.
- Save emails and app alerts stating the airline's reason for the delay.
- Record the arrival time at your final destination, when the doors opened.
- Ask the airport desk for meals and keep receipts.
- Refuse LATAM Pass points offered instead of cash compensation.
Care before departure
| Distance | Meals and drinks after |
|---|---|
| Over 3,500 km (all flights to Brazil) | 4 hours |
| 5 hours or more | You may abandon the trip and get the fare back |
On a single booking such as Paris–São Paulo–Rio de Janeiro, what counts is arrival in Rio. More on compensation for a delayed TAM flight.
Cancelled TAM flight
Always owed on flights departing the EU.
On top, if you were told less than 14 days ahead.
| Notice | Compensation |
|---|---|
| 14 days or more | No |
| 7-13 days | Yes, unless the new flight leaves no more than 2 hours earlier and lands within 4 hours |
| Under 7 days | Yes, unless the new flight leaves no more than 1 hour earlier and lands within 2 hours |
Departure moved by a day. On long-haul routes with few weekly flights, a late schedule change can count as a cancellation. See our page on a cancelled TAM flight.
TAM overbooking
If you are bumped at a European airport because the flight is overbooked, you are owed €600 straight away plus an alternative flight. This does not apply if your travel documents were not valid. Read the guide on TAM overbooking.
Strikes and TAM flights
A strike by the airline's own crew does not normally rule out compensation (EU Court of Justice, C-28/20); a walkout by air traffic controllers or airport staff in Frankfurt or Madrid does.
TAM refused your claim?
Faults are part of an airline's normal operations.
EU Court of Justice, case C-549/07If so, the airline is right, but check where the journey actually started.
Only if it really affected your flight.
Old TAM flights: can you still claim?
Time limits depend on the law of the country where you bring the claim (EU Court of Justice, C-139/11), so they differ across Europe. For older trips still flown under the TAM name, check the date quickly; recent LATAM Brasil flights are often still within time. Claims now go to LATAM: enter your flight date and we'll tell you.
How to claim
Use the form in the help centre at latamairlines.com. If refused, contact the national enforcement body of the country you departed from, or go to court.
We handle the claim, the formal demand and court action. If you receive €600 we keep 25% + VAT, leaving you €417. Legal costs are ours even if we lose.
- Ticket or bookingShowing every leg of the journey.
- PassportFor each passenger.
- MessagesEmails or alerts about the disruption.
When you get paid
If the airline accepts, payment usually takes a few weeks; with court action, several months.
Baggage
Lost or damaged luggage falls under the Montreal Convention: complete a PIR at the airport, then claim within 7 days for damage and within 21 days of delivery for delay.
Contact details
- Head office
- LATAM Airlines Brasil (formerly TAM Linhas Aéreas), São Paulo, Brazil
- Claims
- Help centre at latamairlines.com
- Flight status
- LATAM app or the official website