Clipping of news on Brazilian Culture, Law and Citizenship
12/19/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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In the assessment of Idec, in many cases, Anac's resolution only reduces abuses that were practiced by airlines
The National Civil Aviation Agency (ANAC) announced on Tuesday (13) the approval of new general rules on passenger rights in air travel in Brazil. The resolution covers a set of rules on the provision of tickets, baggage allowance and lost luggage, cancellation of purchase and fine, among other aspects.
The agency's decision was already scheduled and, on Friday, Idec reiterated that the revision of the standards should respect the rights guaranteed by the Consumer Defense Code (CDC).
The resolution met only part of the request. One of the proposals initially made by Anac and heavily criticized by Idec was withdrawn from the rule: limiting the right to assistance to passengers in case of flight problems due to unforeseeable circumstances or force majeure.
"Fortunately, the resolution kept intact the rules on this point, created in 2010 thanks to a public civil action of Idec, and did not flexibilize the responsibility of the airlines, ensuring a right enshrined by the CDC," said Claudia Almeida, an attorney for the Institute.
However, the agency has changed several other rules, many of them, in a negative or insufficient way. "While there has been some progress in relation to what airlines have been practicing, the new standards are not aligned with the CDC principles and still maintain abuses," says Almeida. "Few news are really positive for the consumer," he concludes.
The new rules take effect for tickets purchased as of March 14, 2017. Trips made after that date but previously purchased continue to follow the old rules.
Baggage collection may be prohibited
One of the changes most criticized for being detrimental to the consumer is the release of additional charge to dispatch luggage. This rule, however, can be overturned. One day after the vote, the Senate passed a bill that vetoes the billing. The draft legislative decree (PDS 89/2016) was approved last night (14) and goes on for analysis by the House of Representatives.
For Idec, the parliamentary initiative is positive, since there is no guarantee that the end of the franchise would result in a reduction in the price of tickets.
Check out, next, the evaluation of Idec on the major changes.
IT GOT WORSE
- BAGGAGE CHARGE
Airlines may charge additional fees for baggage check-in. Previously, the consumer had the right to dispatch up to 23 kg on domestic flights and 32 kg on international flights. For carry-on luggage, deductible increases from 5 kg maximum to at least 10 kg minimum.
Evaluation of Idec: although it is known that "free" deductibles were embedded in the ticket price, the change is bad because there is no guarantee of reduction of price of tickets to the consumer.
- BAGGAGE STATEMENT
The passenger must inform if he / she carries in the checked baggage goods of value superior to 1,131 DES (Special Rights of Sack, monetary unit today corresponding to approximately R$ 5 thousand). The company may charge fees or insurance.
Evaluation of Idec: In practice, this rule requires the consumer to make a baggage claim (which is paid) to be entitled to due compensation in case of loss or damage to their belongings. If it does not declare, the indemnity will be limited to 1,131 SDR, regardless of the damages actually suffered by the passenger. This condition is illegal since, according to the CDC, reparation must be made to the exact extent of the harm suffered by the consumer.
STILL RUINS
- 24-HOUR RESISTANCE
The passenger may withdraw the purchase of the ticket until 24h, without cost, provided that the purchase occurs in advance more than seven days in relation to the date of shipment.
Evaluation of Idec: The rule opposes the CDC, as it reduces the repayment term (Article 49) guaranteed for purchases made outside the commercial establishment, such as the internet, which is the main means of acquiring air tickets today. However, airlines did not respect this right and Anac did not punish them. Thus, the 24-hour deadline is in practice an advantage over the previous practice of the companies.
- FINE LIMIT
If the consumer cancels the trip, the airline can not charge a fine higher than the ticket price.
Evaluation of Idec: the rule remains unlawful because it allows the consumer to lose everything he has paid without having to provide the service - illegal condition according to Article 39, point V, of the CDC, since it requires the consumer to have a manifestly excessive advantage Was even worse, since Anac allowed airlines to charge cumulative cancellation fees that were often higher than the ticket price.
IMPROVED
- BACK GUARANTEED
If you have purchased a return ticket, the non-attendance of the passenger on the outward flight will not result in the automatic cancellation of the return leg, provided that he communicates to the airline up to the time originally contracted for the outbound flight.
Idec evaluation: change is positive. Idec has always argued that the automatic cancellation of the flight back in case of no-show on the way was abusive.
- BAGGAGE RETURNING DEADLINE
The deadline for return of lost luggage in domestic flight has been reduced from 30 to 7 days and, in international flights, it will be 21 days. If the airline does not find the luggage within the indicated period, it will have up to seven days to pay the indemnity due (currently there is no definite term).
In case of damages to the belongings, the consumer has 7 days to complain and, from the complaint, the company 7 days to indemnify him.
- RETURN OF SHIPPING RATE
In case of cancellation of the purchase, the boarding fee and other airport or international charges must be fully reimbursed to the passenger.
Source: Idec
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This article was translated by an automatic translation system, and was therefore not reviewed by people.