Clipping of news on Brazilian Culture, Law and Citizenship
15/07/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Senate Committee studies extend the term of repentance
Shopping on the web can make more time to be reversed Daniel Acker / Bloomberg News
BRASILIA - In the final work, the committee responsible for updating the Code of Consumer Protection (CDC) in the Senate proposes to differentiate the exercise of the right of cancellation in case of purchase of airline tickets and land. One of the proposals to which the GLOBO had access keeps seven days to withdraw the business closed the distance, but defines that in the case of the passages, the regulatory agency may prepare specific regulations and increase the period for cancellation of the purchase. So, would contribute to the solution of what is considered one of the main conflicts in the relationship between airlines and consumers.
According to the National Civil Aviation Agency (ANAC), even within seven days provided the CDC has been dismissed by the judiciary, from the understanding that the consumer has access to all information about the service to be provided before closing the contract. But it has raised controversy in the government. The secretary of the National Consumer Juliana Pereira says disagree with the argument that there is no element of surprise in the case of the passages, because the citizen, after issuing a ticket, may have an unexpected, like being called the next day for a meeting work or need to change the date of the holiday. And then, she says, the consumer must exercise the right of cancellation. She said that the Department of Defense and Consumer Protection (DPDC), the Ministry of Justice (MJ), have a dialogue with airlines and Anac since May on the topic.
- We opened (the table) to discuss exactly what will be the criteria enjoyment of repentance. We understand the need to regulate and standardize Anac a contractual issue ticket purchases - says the secretary, who declined to comment on the proposals in Congress, as it has not had access to the report.
Senator Ricardo Ferraço (PMDB-ES), Rapporteur of the temporary committee to update the Code emphasizes that the concern of legislators is to maintain the achievements of the CDC and move on to become recurring themes in consumer relations in recent years. Another project, for example, is the security of consumers' personal data:
- We are incorporating advances in light of the new changes and global experience.
Maria Ines Dolci, coordinator of Institutional Protest - Brazilian Association of Consumer Protection, said to be contrary to the differentiation period of repentance passages as this could lead to different understandings in the courts. The president of Procon's State of Rio de Janeiro (RJ-Procon), João Oliveira, advocates an increase in the period of withdrawal not only for the case of the passages, but e-commerce as a whole.
- Today, one of the greatest strengths of the company is related to the withdrawal of the purchase - the president said, noting that often, consumers need to go to court.
Consumer had to go to court
This was exactly the solution found by the banking Adler Magalhães Mota, 34 years. Two months ago, the day after buying a ticket to the United States, he realized that his surname was misspelled. The internet, I had no option to make the correction. Tried first by phone and then in person at the counter of the airline. But the only solution was found by Magellan cancel the ticket the day after the purchase to issue another ticket. Even so, had to pay a fine of $ 200.
- I felt like a hostage situation, and had the right of first, request correction of my last name and then cancel within repentance without paying fine - Magalhaes says that waits to court for redress.
Survey of Procon-RJ the request of GLOBE shows that in the first half of this year, there were 118 complaints against TAM, Gol, Azul and Avianca. These complaints resulted in 29 conciliation hearings and eight agreements between businesses and consumers. Consulted, TAM did not comment the number of complaints, but said customers can request a refund from the airline customer service "Contact us" or the company website. The company also said that it is possible to correct the data entered before the end of the purchase transaction online.
The Blue also not commented on the data from Procon-RJ and said that the customer need not pay a penalty if cancellation is made within 24 hours of purchase and, if repentance occurs later, the reimbursement is made in accordance with tariff rules . The company also said that personal data can only be changed during the process of buying and that with regard to the complaints, the company's policy is to enter into agreements in most cases. Gol declined to comment on the survey and Avianca has not responded to questions by press time.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.