Navigating Air Travel Disruptions in Ecuador: A Legal Expert's Guide to Your Rights

As an expat in Cuenca, Quito, or Guayaquil, you understand that international and domestic travel is a lifeline. However, when that travel is disrupted by a flight cancellation at Mariscal Sucre International Airport (UIO) or lost luggage at José Joaquín de Olmedo (GYE), the experience can be disorienting and financially damaging. Generic advice falls short; navigating this requires a firm grasp of Ecuadorian aviation law.

This guide provides a precise legal framework, grounded in the Código Aeronáutico del Ecuador and specific civil aviation regulations, to empower you to defend your rights and secure the compensation you are owed.

Your Rights Regarding Flight Cancellations

When an airline cancels a flight originating in Ecuador, its obligations are not merely suggestions—they are mandated by law. The primary governing authority is the Dirección General de Aviación Civil (DGAC), which enforces regulations that often provide more protection than standard airline policies.

Key Rights in Case of Cancellation:

1. Right to Information: The airline must provide a clear, truthful, and timely explanation for the cancellation.
2. Right to Re-routing or Refund: You have the non-negotiable right to choose one of the following:
   • Re-routing: An alternative flight to your destination on the first available flight (their own or another carrier's) under comparable conditions.
   • Full Refund: Reimbursement for the full cost of the ticket for the part of the journey not made, paid within the timeframes stipulated by law, in cash or bank transfer. Expert Tip: Airlines will often push travel vouchers. You are under no obligation to accept them and can legally demand a monetary refund.
3. Right to Assistance ("Derecho a la Atención"): If you are forced to wait for a re-routed flight, the airline must provide:
   • Meals and refreshments proportional to the waiting time.
   • Two free phone calls, emails, or other forms of communication.
   • Hotel accommodation and transport between the airport and hotel if the delay requires an overnight stay.
4. Right to Financial Compensation: This is a critical and often overlooked right. Under Regulación No. 017/2015 del Consejo Nacional de Aviación Civil (CNAC), for delays or cancellations attributable to the airline (i.e., not fuerza mayor like weather) that result in a delay of more than 4 hours to your final destination, the airline must compensate you with an amount equal to 25% of the value of the unfulfilled portion of the trip. This is in addition to the re-routing or refund.

What to Do When Your Flight is Canceled:

1. Approach the Airline Counter: Calmly state the facts and request your choice of re-routing or a refund. If the delay will exceed four hours, immediately inquire about the legally mandated 25% compensation.
2. Document Everything: Get a written statement or email from the airline confirming the cancellation. Note the names of the agents you speak with. Keep your boarding pass and all receipts for expenses incurred.
3. Do Not Leave the Airport Without a Solution: Do not allow the airline to simply tell you to "call a number later." Insist on a new booking, a refund confirmation, or meal/hotel vouchers before leaving the airline counter.
4. File a Formal Complaint: If the airline refuses to comply, your first formal step is to file a complaint directly with them.
5. Escalate Immediately: If you are met with resistance at the airport, do not wait. Hyper-Specific Tip: Proceed immediately to the airport office of the Defensoría del Pueblo (Ombudsman's Office). These offices exist in the Quito and Guayaquil airports and their representatives can provide on-the-spot advocacy to pressure the airline into complying with the law. This is often more effective and faster than a later complaint to the DGAC. If that fails, file a formal complaint with the DGAC through their online portal or at their airport offices.

Your Rights Regarding Lost or Delayed Luggage

The framework for baggage claims is governed by the Código Aeronáutico del Ecuador and the Montreal Convention, to which Ecuador is a signatory.

Key Rights in Case of Lost, Delayed, or Damaged Luggage:

1. Right to Immediate Reporting: The airline must provide you with the means to file a report the moment you discover your luggage is missing or damaged.
2. Property Irregularity Report (PIR): This is the single most critical document. The airline must issue you a PIR (Parte de Irregularidad de Equipaje). Common Mistake: Many travelers accept a simple verbal assurance or a handwritten note. Insist on the official, computer-generated PIR form which includes a unique file reference number (código de seguimiento). Get a printed copy for your records before leaving the baggage claim area.
3. Compensation for Essentials (Delayed Baggage): You have the right to be reimbursed for reasonable and necessary expenses (toiletries, a change of clothes) incurred while your bag is missing. Keep every itemized receipt (factura).
4. Compensation for Lost or Damaged Luggage: Liability is capped by the Montreal Convention. The current limit is 1,288 Special Drawing Rights (SDRs) per passenger, which translates to approximately $1,770 USD (this value fluctuates daily).
   • Expert Insight: This is a limit, not an automatic payment. You must prove the value of the lost contents. Airlines will devalue items based on age, so having receipts, photos, or credit card statements is crucial. For high-value items, you must have declared their value at check-in.
   • Your luggage is officially declared "lost" after 21 days.

What to Do When Your Luggage is Mishandled:

1. File the PIR Immediately: As stated above, do not leave the baggage hall without your official PIR copy with its tracking code.
2. Be Detailed: When filling out the PIR, describe your bag (brand, color, size, identifying marks) and key contents as accurately as possible.
3. Follow Up Persistently: Use your PIR reference number to check the status online and by phone daily. Document every interaction.
4. Submit a Formal Claim: After the luggage is declared lost (21 days), or for damaged items, you must submit a formal, written claim to the airline within the legally mandated time limits (typically 7 days for damage and 21 days for loss from when the bag should have arrived).
5. Provide Proof of Value: Assemble a detailed list of lost items with their purchase date and value, supported by any evidence you have. Legal Tip: For a substantial claim that may lead to a lawsuit, it is highly advisable to formalize this list in a declaración juramentada (sworn affidavit) before an Ecuadorian notary. This adds significant legal weight to your claim and typically costs between $20 and $40.
6. Escalate to the DGAC: If the airline's compensation offer is unfairly low or they are unresponsive, file a complaint with the DGAC, providing all your documentation, including the PIR and your itemized claim.

Legal Checklist for Air Travel Disruptions in Ecuador

• [ ] Know the Law, Not Just Policy: An airline’s Contract of Carriage is subordinate to Ecuadorian law like the Código Aeronáutico and CNAC regulations. Quote the specific regulations if necessary.
• [ ] Secure the PIR: This is non-negotiable for any baggage issue. No PIR, no claim.
• [ ] Demand Monetary Compensation: For cancellations/long delays, explicitly refuse vouchers and demand the 25% financial compensation mandated by Regulación No. 017/2015.
• [ ] Keep a "Dossier": Maintain a physical and digital file with copies of your ticket, boarding pass, baggage tags, PIR, all receipts, and a log of all communications (names, dates, times).
• [ ] Leverage the Defensoría del Pueblo: Use this on-site government resource at the airport for immediate leverage.

⚠️ Legal Alert: When to Consult an Attorney

Engage an Ecuadorian attorney specializing in consumer or aviation law if:

• The airline flatly denies your legally mandated rights (e.g., refuses a refund or the 25% compensation).
• Your lost luggage contained high-value items (e.g., professional equipment, jewelry) causing significant financial damages exceeding the standard compensation limits.
• The airline's final settlement offer is grossly inadequate and they refuse to negotiate further.
• The DGAC complaint process has stalled or yielded an unsatisfactory result.

By understanding these specific Ecuadorian legal provisions and procedures, you transform from a frustrated traveler into an empowered consumer capable of effectively securing your rights.