--- title: "LATAM Airlines Flight Delay and Cancellation Compensation" url: https://flightcompensations.com/airlines/latam author: "Jaacov Sonenblick" published: 2026-09-04 updated: 2026-10-06 publisher: FlightCompensations summary: "LATAM is not an EU or UK carrier, so EU261 and UK261 cover its departures from Europe but not its arrivals from South America." --- # LATAM Airlines flight delay and cancellation compensation LATAM is not an EU or UK carrier, so EU261 and UK261 cover its departures from Europe but not its arrivals from South America. **LATAM Airlines flight delay** compensation **is** usually €600 per passenger on flights from Europe to South America. You can claim when you land three or more hours late, when LATAM cancels with less than 14 days' notice, or when it turns you away from a full flight. Flights from South America into Europe fall outside both EU261 and UK261. ## Is a LATAM flight from São Paulo to Madrid covered by EU261? LATAM Airlines is a South American carrier, based across Chile and Brazil, with European routes from Santiago and São Paulo reaching Madrid, Frankfurt, Milan, Lisbon and London. It keeps oneworld connections through partner airlines but is not itself an EU or UK carrier, so coverage attaches to the airport you departed from. - **Departing an EU/EEA airport on LATAM** — EU261 applies, so a Madrid, Frankfurt or Milan departure to South America is covered. - **Departing a UK airport** — UK261, the retained British version, applies. - **Arriving into the EU/EEA or the UK from South America** — **not covered**, because LATAM is neither an EU nor a UK airline. Inbound flights need an EU airline under EU261, or a UK or EU airline under UK261. A São Paulo to Madrid flight sits outside both regimes. Compensation is triggered by arriving at your final destination three or more hours late, a cancellation with under 14 days' notice, or involuntary denied boarding. ## How much you could receive The amount is fixed by route distance, not the fare or cabin. LATAM's flights between Europe and South America are long-haul and over 3,500 km, so the top band is usual: - **EUR 250** — 1,500 km or less - **EUR 400** — 1,500 to 3,500 km - **EUR 600** — over 3,500 km, covering nearly every LATAM route out of Europe UK261 pays **GBP 220 / GBP 350 / GBP 520**. Article 7(2) lets the airline halve the top figure where a re-routing lands you under four hours late. Each passenger claims separately, whatever the cabin. ## When LATAM doesn't have to pay There is no compensation where the cause was an extraordinary circumstance unavoidable even with all reasonable measures — severe weather, air-traffic-control restrictions, airport closures, security alerts or a bird strike. The airline carries the burden of proof: a one-line "operational reasons" message is an assertion, not evidence. A strike by the airline's own crew is generally not extraordinary, whereas third-party strikes such as air-traffic controllers or airport handlers usually are, and routine technical faults from ordinary maintenance remain the airline's responsibility. ## How to claim from LATAM Keep the booking reference, boarding passes and any notification of the change, and for a missed connection note your actual arrival time at the final destination, not the first delay. LATAM handles claims through its own channels and may ask for verification before paying; we run the submission and any appeal, and escalate to the enforcement body or court if a covered claim is wrongly refused. ## What does a LATAM claim cost with us? The eligibility check is free. If we recover your compensation we charge a fixed EUR 39 success fee — the same whether you're owed EUR 250 or EUR 600 — and the airline's payment goes to you. No win, no fee. ## How to claim LATAM Airlines compensation Start with the flight itself. Our [free flight check](/claim) reads the recorded times for your LATAM Airlines flight and tells you which band it falls in, in about two minutes. For the law behind the figure, the [flight delay compensation guide](/flight-delay-compensation) covers arrival delays and the [cancellation compensation guide](/flight-cancellation-compensation) covers a flight that never operated. If LATAM Airlines has already refused you, the [case law summary](/passenger-rights/case-law) sets out what the courts have said about the usual excuses. ## Frequently asked questions ### Why is my LATAM flight from São Paulo to Madrid not covered by EU261? EU261 protects arrivals from a third country only when the operating airline holds an EU licence, and LATAM is a South American carrier. A São-Paulo-to-Europe flight on LATAM therefore falls outside the regulation, while the return leg departing the European airport is covered. UK arrivals from South America are outside UK261 for the same reason. ### Does LATAM's oneworld connection make its flights into Europe count as EU flights? No. EU261 responsibility follows the operating carrier, not the alliance or any partner arrangement, and LATAM is not an EU airline. A sector into the EU actually flown by LATAM is outside EU261, whereas an EU-licensed partner operating the same route would be covered. Check who operated each leg of your itinerary. ### My LATAM flight from Madrid was delayed five hours. What are my rights? Because it departed an EU airport it is within EU261, so a three-hour-or-more arrival delay attracts compensation set by distance, commonly EUR 600 on a route to South America, unless LATAM proves an extraordinary cause. A delay of five hours or more also lets you abandon the trip for a full refund, and the airline owes meals and any overnight hotel while you wait. ## Sources - https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32004R0261 - https://www.caa.co.uk/passengers/resolving-travel-problems/delays-and-cancellations/ - https://curia.europa.eu/juris/liste.jsf?num=C-402/07 - https://curia.europa.eu/juris/liste.jsf?num=C-549/07 - https://curia.europa.eu/juris/liste.jsf?num=C-195/17 - https://curia.europa.eu/juris/liste.jsf?num=C-452/13 Read the full page with the claim check at https://flightcompensations.com/airlines/latam