Clipping of news on Brazilian Culture, Law and Citizenship
09/21/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Problem impaired couple's holiday in Miami Photo: File
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A couple will receive R$ 12,200 for moral and material damages of TAM Linhas Aereas. The two passengers bought comfort seat and were transferred to common chairs in Florianopolis flight, Santa Catarina, with a stop in Rio de Janeiro and final destination in Miami, in the United States. The decision is the 1st Civil Chamber of the Santa Catarina Court of Justice.
According to the process, there was overbooking special seat and there were no seats available when the couple embarked. The customer claimed that owned a knee problem and could not stay with the legs bent to land in Miami, so it acquired a more spacious seat. Consumers also reported that reached its final destination with a lot of pain and could not enjoy the holiday as planned.
In court, the airline argued that there was no moral shock because the other seat offered for the couple was also comfortable. However, the substitute Judge Gerson Cherem II, rapporteur of the matter, found it necessary to reimbursement since the authors shelled out an extra amount to have more space and could not use the service.
"In the present case, it remains evident failure in air service. Addiction translates in offering various conditions of contracted by consumers, despite the differentiated payment. Thus, the relocation of candidates for seats without additional space denotes tort "concluded the judge.
According to the verdict, the amount of compensation will be 60% for the consumer with knee problem and 40% for his wife. The decision was unanimous.
Sought, Latam Airlines Brazil said it will manifest itself in the case file.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.