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Problems with services do not take vacations

07/29/2015

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Problems with services do not take vacations

Mobile cut, failure to deliver, disappearance of luggage and nonexistent reserves frustrate plans for rest and recreation

Problems with the service provider has made the fun scheduled for Juliana vacation that place stress - Fernando Lemos / Agência O Globo / Fernando Lemos

During the holidays, when the supplier or service provider commits a fault, there is no planning to resist, and all the expectation for days of leisure becomes frustration. Rachel bought Arantes, with more than a month in advance, a kit of metallic pens and crayons in the virtual store Dinda, so that the son of six years, used the material during school recess. The holidays almost over and the goods have not arrived. One day before departure to Porto de Galinhas, Pernambuco, Célia Maria Viegas called the hotel where he had booked through the Hotel Urbano, to see if he was really raining, and was informed that even had rooms on their behalf. She, her son and three nephews, all children, were left without a trip planned two months in advance. Juliana Antunes Vieira had cell line cut improperly and without notice way to the airport. He spent much of the trip trying to solve without success, the problem with the course. Paulo Mauricio Gomes was the Cuba Rio to practice kite surfing, but the airline United Airlines astray sports equipment, which has not yet been delivered to you.

According to the master in Psychology and expert in Consumer Behavior Rita Martins, the more intense the pace of work, the more expectations there are on vacation. For these people, the frustration and disappointment in case something goes wrong, they are even greater:

- The time has become a precious commodity. It is the only time that the employee is to relax and recharge, to do things to offset the heavy burden of other days. If he has an annoyance, it can even harm your income back in the company.

ABUSIVE PRACTICE

Juliana does not conform to what happened:

- How to find the friends who would expect me at the airport in Victoria without mobile phone? I had to rely on the goodwill of an employee of Infraero, who lent me the device for me to call collect. When I could speak to the course, they said they had cut my line because I broke an agreement that I made to pay a bill in installments. But I was on time - explained.

She spent a month and a half without the phone, which only had reactivated the line on Tuesday, after GLOBE contact course.

- Troubled by being incommunicado in my birthday I ended up making a new agreement for the payment of monthly installments. And the company did not even cashed the portion paid - claims Juliana.

For Alexander Frigerio, a lawyer and Relationship Manager with the Associate of the Brazilian Institute of Consumer Defense (Idec), the company violated the Consumer Protection Code (CDC), committing abuse the unjust enrichment:

- If the consumer paid the first installment, as described, the service could not have been stopped. Then, a determination of the National Telecommunications Agency (Anatel) requires the operator to reactivate the service within 24 hours after payment of the first installment. Finally, the operator is irregular disregard the first payment made by the consumer. So it is important to keep proof of payment of invoices and of arrangements installments.

LOSS EMOTIONAL, MORAL DAMAGES

Claro said through a statement that the department responsible for the charges will review the case of Juliana, and the line was reactivated on Tuesday.

For Celia, harder than the financial loss of almost R$ 20,000 for the cancellation of air and daily passes was having to tell the children that they would no longer spend the holidays in the Northeast.

- By now, all destinations for children were crowded. I pointed out four alternatives to Hotel Urbano unsuccessfully. They ended up settling in Angra dos Reis. You hire a service that is not delivered and the most expensive commodity in your life, which is your vacation time accompanied by family members, it can not be restored. Enterprise balance: two days of holiday lost in endless connections, three nephews me initially considering the world's best aunt quickly changing my category for the worst, and my son with hyperactive guy sulking for days.

This emotional damage is what weighs in the decision of a judge if the complaint about the service provider is brought to justice, explains the psychologist:

- The Justice condemned for moral damage not only punitive but also exemplary so that the company does not do it again.

Leonardo Muniz, lawyer specialist in consumer law, explains Celia has the right to receive the full amount fixed or accept service similar to that acquired:

- Choice is the consumer. The supplier can never force him to accept his proposal.

Roberta Antunes, co-founder and director of the Hotel Urban Operations, told O Globo that the problem occurred because the hotel management changed hands and, during the transition, lost reservations and did not warn:

- The case of Celia was considered critical for us, because the board would be the day after. We have a lot of respect to our customers, and our mission is to get people to travel - says Roberta.

The director said that the company has to offer hosting for Celia and four children for the period contracted in superior hotel in Dublin, but that, having been unsafe, the customer decided not to ship to the destination. As compensation, the Hotel Urbano at refunded the amount paid by the daily, of all spending he had with ten airline tickets, hosted it in Angra dos Reis with the children this month, and even left open a credit for the five and lodge in Dublin, the hotel initially hired in another time.

United Airlines did not comment. According to the legal director of Procon-RJ, Carlos Eduardo Amorim, based on Articles 6 and 14 of the CDC, the airline is responsible for the passenger's luggage from check-in at the airport. Therefore, in case of loss, must compensate the consumer for moral and material damages.

FIRST LOOK THE COMPANY

On non-delivery of products, the irregularity is the failure of the offer. The consumer would in this case have required the forced fulfillment of the obligation, ie the delivery of products; can accept other goods to replace products that were not delivered or terminate the contract with right to refund the amount she paid in advance, with inflation adjustment, in addition to damages, said Amorim.

The Dinda.com reported that the delivery did not occur within the time due to a system failure, but who performed the reversal of the payment to the consumer, and that will send to your home, free of charge, products.

The Idec always advises that consumers initially try to solve the problem amicably with the provider, through the SAC or the ombudsman. Preferably by a channel that allows proof of that was treated, as the company chat or email. Unresolved, must formalize the complaint in a Procon.

- If none of these options resolve the issue, should appeal to the Judiciary. In this case, you can opt for the Special Civil Juvenile Court for causes with a value of up to 40 minimum salaries. For the causes of up to 20 minimum is not necessary attorney - explains the lawyer Idec.

Source: Reuters

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