Air Transport Regulations: Decree 809/2024 Advances Deregulation and Expands Passenger Rights
The new regulation, published on September 10, reinforces the ongoing deregulation of the air transport sector and updates the air transport contract framework. Among the most notable measures are expanded passenger rights, including provisions for the transport of people with reduced mobility and the humane treatment of animals. It also establishes an advance compensation payment system in the event of accidents, and a digital conciliation mechanism for resolving disputes.
Decree No. 809/2024 complements the reforms introduced by Law 27.742—known as the “Bases and Starting Points for the Freedom of Argentines”—and will take effect on October 10, 2024. The aim is to modernize the aviation market, update outdated regulations, and offer a more flexible framework for both passengers and airlines. Promoted by the Ministry of Deregulation and State Transformation and coordinated with the Transport Secretariat, the measure was signed by President Javier Milei and other government officials.
Among its key provisions, the decree repeals Resolution 1532 (dated November 27, 1998) and introduces a new Passenger, Baggage, and Cargo Air Transport Contract Regulation, bringing the regulatory framework in line with industry developments. Notably, it introduces the right to transport persons with reduced mobility and the right to travel with animals—mandating dignified treatment.
The regulation addresses airline obligations in cases of flight cancellations, reschedulings, or delays, and clarifies the rights passengers have in such situations.
Additionally, Decree 809/2024 establishes the Air Transport Passenger Conciliation Service, under the Transport Secretariat of the Ministry of Economy. This service provides a free, agile, and fully digital platform where passengers affected by issues with air carriers can resolve disputes quickly and online. The Transport Secretariat is tasked with regulating the service, including its scope, methodology, and procedures.
Finally, the decree approves the Regulation on Advance Compensation Payments in cases of death or bodily injury to passengers involved in aviation accidents. Once the entitled beneficiaries have been properly identified (with their relationship to the victim verified), the airline must pay the corresponding amount within 15 calendar days. In the case of death, the maximum amount payable is 16,000 Special Drawing Rights (SDRs).