Delayed or cancelled flight: your right to AFAC compensation

Updated May 2026. By FlightsMX Editorial Team · 8 min read · Verified with AFAC, PROFECO Aviación, Mexican Civil Aviation Law.

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
2. Compensation calculator per delayed hour
3. How to claim compensation step-by-step
4. When it DOESN’T apply (force majeure exceptions)
5. Foreign airlines in Mexico (different rules)
6. International USA-MX flights (DOT vs. AFAC)
7. FAQs

AFAC Article 47 — the text that protects you {#article-47}

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 $US 1,500-3,000 max)

Compensation calculator per delayed hour {#calculator}

For ticket MXN $5,000 (~$US 280) round-trip

For MXN $8,000 ticket (~$US 460) round-trip

For Christmas peak ticket MXN $12,000 (~$US 680) round-trip

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 {#claim}

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: [email protected]

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) {#doesnt-apply}

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) {#foreign}

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) {#international}

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 {#faq}

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 (May 2026)
• Civil Aviation Law — Current text (May 2026)
• PROFECO Aviation — Passenger services (May 2026)
• SCT — Aviation regulatory communication (May 2026)
• DOT USA — Air Travel Consumer Reports (May 2026)
• EU Regulation 261/2004 — Passenger compensation (May 2026)

Related reading

• Volaris vs Aeromexico vs Viva: comparator
• Baggage airline comparator 14 airlines
• Mexican passport visa-free

Edited by FlightsMX Editorial Team. YMYL: verified with AFAC, PROFECO Aviation, Mexican Civil Aviation Law. Know your rights before next delay.