# AFAC Article 47 2026: compensation for delayed or cancelled Source: https://flightsmx.com/en/tools/afac-compensacion-vuelo-demorado-cancelado/ Last updated: 2026-10-23 Language: en-US Locale: en Sources: - [US DOT — Aviation Consumer Protection]() - [14 CFR Part 250 — Oversales]() - [EU Regulation 261/2004 \(eur-lex.europa.eu\)]() - [European Commission — Air passenger rights]() - [ICAO — revised Montreal Convention liability limits, in force since 2024-12-28 \(checked 2026-10-22\)]() > Your right to compensation for delayed/cancelled flight as a Mexican: AFAC Article 47 explained, amounts in MXN/USD ## Delayed or cancelled flight: your right to AFAC compensation **Updated May 2026.** By *FlightsMX* · 8 min read. > **Bottom line:** **AFAC Article 47** (Mexican Civil Aviation Law) protects your rights as a passenger. **1-4 hour delay:** 25% ticket refund + food. **4+ hour delay:** 50% refund + food + hotel if overnight. **Cancellation:** 100% refund OR re-accommodation in next flight + 25% inconvenience bonus. Applies to flights **operated by Mexican airline in Mexican territory** (Aeromexico, Volaris, Viva, TAR). For foreign airlines, different rules. Claim procedure via airline + escalate to PROFECO if no response. ## In this guide 1. [AFAC Article 47 — the text that protects you](#article-47) 2. [Compensation calculator per delayed hour](#calculator) 3. [How to claim compensation step-by-step](#claim) 4. [When it DOESN'T apply (force majeure exceptions)](#doesnt-apply) 5. [Foreign airlines in Mexico (different rules)](#foreign) 6. [International USA-MX flights (DOT vs. AFAC)](#international) 7. [FAQs](#faq) ## AFAC Article 47 — the text that protects you ### Civil Aviation Law + AFAC Regulation Applicable to **flights operated by Mexican airline** within Mexican territory + sometimes international with origin/destination Mexico: ### Article 47 — Delays **Delay 1-4 hours (post programmed departure time):** - 25% of ticket value refunded - Food provided by airline - VIP lounge access if exceeds 2 hours (optional) **Delay 4-8 hours:** - 50% of ticket value refunded - Food provided - Free Wi-Fi access - Phone calls at your cost (airline covers first) **Delay 8+ hours:** - 100% refund OR re-accommodation on next flight within 24 hours - Overnight hotel if delay passes through night - Airport-hotel transport - Food + drink - **Additional indemnification** of 25% if delay exceeds 8 hours (at passenger option) ### Article 47 — Cancellations **Cancellation with 24+ hours notice:** - 100% refund or re-accommodation on another operator flight - No additional indemnification **Cancellation with < 24 hours notice:** - 100% refund OR re-accommodation - **+25% of ticket value as inconvenience indemnification** - Hotel + food + transport if overnight required **Cancellation without notice (when already at airport):** - 100% refund OR re-accommodation - **+50% of ticket value as indemnification** - Hotel + food + transport - Additional compensation for demonstrated expenses (taxis, baggage, etc.) ### Article 47 — Baggage **Lost/damaged baggage:** - 0-30 minutes: food + drink at airline cost - 24+ hours without recovery: up to MXN $25,000 indemnification per bag - Stricter rules in international (Montreal Convention: up to 1,519 SDR per passenger for baggage and 6,303 SDR for delay damage) ## Compensation calculator per delayed hour ### For ticket MXN $5,000 (~$US 280) round-trip | Delay | Refund % | Refund MXN | Additional indemnification | Food/Hotel | |---|---|---|---|---| | 1-2 hours | 25% | MXN $1,250 | Only refund | Food | | 2-4 hours | 25% | MXN $1,250 | Only refund | Food + Wi-Fi | | 4-6 hours | 50% | MXN $2,500 | Only refund | Food + Wi-Fi | | 6-8 hours | 50% | MXN $2,500 | Only refund | Food + hotel if required | | **8+ hours (overnight)** | 50-100% | MXN $2,500-5,000 | **+25%** = MXN $1,250 | Food + hotel + transport | | **Cancellation without notice** | 100% | MXN $5,000 | **+50%** = MXN $2,500 | Hotel + food + transport | ### For MXN $8,000 ticket (~$US 460) round-trip | Delay | MXN Refund | |---|---| | 1-4 hours | $US 460 × 25% = **MXN $2,000** | | 4-8 hours | **MXN $4,000** | | 8+ hours (with +25%) | **MXN $4,000 + $2,000 = MXN $6,000** | | Cancellation without notice (with +50%) | **MXN $8,000 + $4,000 = MXN $12,000** | ### For Christmas peak ticket MXN $12,000 (~$US 680) round-trip | Delay | MXN Refund | |---|---| | 4-8 hours | $US 680 × 50% = **MXN $6,000** | | 8+ hours | **MXN $6,000 + $3,000 = MXN $9,000** | | Cancellation without notice | **MXN $12,000 + $6,000 = MXN $18,000** | ### What AFAC compensation does NOT include - Lost vacations (e.g., lost 2 pre-paid hotel days) - Domestic connection tickets if your international flight cancelled - Emotional cost / lost opportunity - Lost business (depends on case) **For these:** consider claiming through **travel insurance** (if you have one) and/or requesting additional compensation via letter to airline. ## How to claim compensation step-by-step ### Step 1: at airport AT moment of delay/cancellation 1. **Ask at airline counter**: "I request compensation under AFAC Article 47" 2. **Request in writing**: counter agent should give you receipt of your request 3. **Confirm:** what are they offering? - 100% refund or re-accommodation - Food (Wi-Fi pass + food voucher or cash) - Hotel if overnight (counter gives room + transport) - Additional indemnification % 4. **DON'T sign anything** that waives your AFAC rights. If they offer "less for accepting faster" — reject. ### Step 2: document everything - **Photograph** airline screen with delay/cancellation time - **Keep original boarding pass** + e-ticket - **Receive receipt** from counter of your request with stamp + signature - **Save invoices** for any extra expenses (additional taxi, food, hotel if you paid) ### Step 3: written airline claim After incident (within 30 days): **AFAC complaint letter:** ``` [Your full name] [Your RFC] [Your CURP] [Your email + phone] [Date] To: [Airline] — Customer Service Department Address: [Verify airline website] Subject: Complaint for flight [number] Distinguished sirs: By this letter, I formally request the compensation derived from Article 47 of the Mexican Civil Aviation Regulation, for the incident of flight [number] on [date], from origin airport [origin] to destination [destination]. Facts: - Scheduled departure time: [time] - Actual departure time: [time] - Total delay: [hours] - Reason communicated by airline: [reason] Requested compensation: - [% Ticket refund] = $[amount] - [Additional indemnification] = $[amount] - [Total]: $[amount] Attached: - Boarding pass copy - E-ticket copy - Delay/cancellation announcement screen photo - Voucher of claim presented at airport I await your response within 15 business days, per AFAC regulations. Sincerely, [Signature + full name] ``` ### Step 4: if airline doesn't respond in 30 days Escalate to **PROFECO Aviation**: - **Web:** profeco.gob.mx/aviacion - **Phone:** 55 5568 8722 (CDMX), 800 468 8722 (toll-free) - **Email:** consultas@profeco.gob.mx PROFECO receives formal complaints and mediates with airline. Results: - Best case: airline accepts and pays - Worst case: PROFECO fines airline (doesn't necessarily pay you) ### Step 5: if PROFECO doesn't resolve Lawsuit in **Civil Court**. Cost: $US 200-500 lawyer + time (3-6 months). Generally airlines avoid hassles for small amounts (<$US 500) — pay via PROFECO. ## When it DOESN'T apply (force majeure exceptions) ### Force majeure recognized by AFAC **Airline NOT required to compensate if:** 1. **Climatological causes** (hurricane, storm, significant snow) 2. **Geophysical causes** (earthquake, volcano) 3. **Airport operational causes** (closure by airport security, not airline) 4. **Air traffic control causes** (SENEAM overflow, not airline) 5. **Pandemic causes** (mandatory government quarantine) 6. **Military/national security causes** ### What IS airline responsibility - **Scheduled aircraft maintenance** (should have planned better) - **Fatigued crew** (airline operational) - **Overbooking** — always compensable - **Delay due to operational congestion** (poor planning) - **Aircraft technical problems** (operator responsibility) ### How to distinguish If airline tells you "it's force majeure", **ask in writing what specific type**. Sometimes they invent "weather" to avoid compensation — verify with news or weather radar if real that day. ## Foreign airlines in Mexico (different rules) ### US airlines in MX American (AA), United (UA), Delta (DL), Southwest (WN), JetBlue (B6), Spirit (NK), Alaska (AS): - **DOT (Department of Transportation USA) rules apply** mainly if flight is covered by USA jurisdiction - **For international MX-USA flight with USA-issued ticket:** AFAC + DOT may apply combined - **Typical compensation lower** than AFAC: $US 400-1,400 for involuntary cancellation (DOT Rule 250) - Claim: direct to USA airline, not Mexican AFAC ### EU airlines in MX Iberia (IB), Air Europa (UX), Lufthansa (LH), Air France (AF), KLM, BA: - **EU Regulation 261/2004** applies if EU airline-issued flight: - €250 for 3+ hour delays, $US 600+ for cancellation with EU destination - Also applies from MX if airline operates EU issue ### LATAM airlines (Avianca, LATAM, Copa, Aerolíneas Argentinas) - **Issuer country regulation** (Colombia ICAO, Chile DGAC, Argentina ENAC, Panama AAC) - **Mexican AFAC does NOT apply** except segments operated from/to Mexico by airline with MX operational base - Compensations similar to AFAC: 25%-50% refund for delays ## International USA-MX flights (DOT vs. AFAC) ### AM Mexico-USA flight cancelled - **AFAC Article 47 applies** + possibly DOT (USA) in part - AM must give you 100% refund + indemnification - If flight continued USA connection, AM must re-accommodate next flight + meals + hotel ### AA Mexico-USA flight cancelled - **DOT Rule 250 applies:** $US 400-1,400 for involuntary cancellation + refund - AA must offer hotel if overnight + meal + transport - Mexican AFAC doesn't force AA as much as it forces Mexican airlines ### USA-MX bilateral agreement USA-MX civil aviation agreement (2014, revised 2018) requires basic reciprocity: - Airlines in other country's territory apply similar local rules - AA in MX: AFAC applies; AM in USA: DOT applies ### Tip: which to use for compensation - **AM cancelled in MX:** AFAC (usually has more benefits) - **AA cancelled in MX:** DOT primary + AFAC secondary (AA prefers DOT for less exposure) - **AM cancelled in USA:** DOT - **AA cancelled in USA:** DOT ## FAQs ### My Volaris flight cancelled 6 months ago — can I still claim? Yes, within **2 years from incident** per AFAC Article 47. After 2 years: right prescribes. ### Is accepting travel voucher instead of refund good idea? DEPENDS: - **Pro:** vouchers typically worth 110-130% of original ticket (incentive) - **Con:** must use within 1 year, ties funds - **My recommendation:** **cash refund** preferable unless you need to travel urgent ### If airline offers McDonald's food, can they not give me money? Yes, food is REQUIRED in 4+ hour delays. Airline can offer cash equivalent ($US 10-15 vouchers) or McDonald's pass. **DON'T waive your other refund** by accepting food. ### Do Volaris/Viva always refuse to pay AFAC? LCCs are MORE reluctant to pay. Strategy: 1. **Insist at counter**: "I want to speak with supervisor" 2. **Document** the refusal 3. **Escalate to PROFECO**: 800 468 8722 4. PROFECO fines Volaris if they don't pay. They prefer to pay you direct. ### Does Spirit charge compensation in USA if cancels MX-USA flight? Yes, **DOT Rule 250** applies. Spirit must give $US 400-1,400 + refund. Claim at USA airport counter screen. ### Do my kids count separately for AFAC? Yes. Each passenger (adult + child + baby paying 10%) receive independent compensation. Family of 4 = 4 separate refunds. ### Does AFAC compensate for emotional inconvenience? NO directly. Only covers ticket cost + food + hotel + demonstrable transport. For "emotional damages": civil lawsuit, rare in MX for these cases. ### My USA B1/B2 visa is valid but they cancelled my flight — what do I do? Your USA visa remains valid (independent from flight). But if your travel purpose changes (e.g., missed critical USA event), visa still works for next opportunity. ### How long does PROFECO take to resolve a claim? - Reception: 2-5 days - Investigation + airline communication: 30-60 days - Resolution: 2-4 months total - Payment: if airline accepts, 5-15 banking days ### Can airline deny me boarding if I'm paisano-American with expired B1/B2 visa? DEPENDS: - If your ticket MX-USA was bought TODAY, no current visa: **airline CAN deny you** (no obligation, but they usually check) - If ticket bought months ago, valid visa at time of purchase: **AFAC doesn't protect** if visa expired (passenger document non-compliance) - Renew visa before traveling ## Sources - [AFAC — Mexican Civil Aviation Regulation](https://www.afac.gob.mx/portal/) (May 2026) - [Civil Aviation Law — Current text](http://www.diputados.gob.mx/LeyesBiblio/) (May 2026) - [PROFECO Aviation — Passenger services](https://www.profeco.gob.mx/aviacion) (May 2026) - [SCT — Aviation regulatory communication](https://www.gob.mx/sct) (May 2026) - [DOT USA — Air Travel Consumer Reports](https://www.transportation.gov/airconsumer/dot-consumer-rule-250) (May 2026) - [EU Regulation 261/2004 — Passenger compensation](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004R0261) (May 2026) ## Related reading - [Volaris vs Aeromexico vs Viva: comparator](/en/volaris-aeromexico-vivaaerobus-paisano-equipaje-comparador/) - [Baggage airline comparator 14 airlines](/en/tools/equipaje-aerolinea-comparador-mexicana/) - [Mexican passport visa-free](/en/tools/pasaporte-mexicano-paises-sin-visa-2026/) --- *Edited by FlightsMX. Know your rights before next delay.*