Justice maintains obligation of companies warning users about problems on flights
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Brasília - A new decision by the Federal Court upheld the requirement that airlines inform their customers about delays, cancellations or other problems on your flights at least two hours before the time originally planned for the shipment.
The decision point document, questioned the airlines, is the result of a public civil action proposed by Fundação Procon-SP. The determianação was published on January 19 this year and provides daily fine of $ 10 thousand if descumprido.
Yesterday (18), to dismiss the appeal by the companies, asking that the suspension of the requirement, the federal judge João Batista Gonçalves, the 6th Civil Vara Federal de São Paulo, decided to maintain the injunction. In their analysis, Gonçalves considered that, besides establishing that public services should be governed by the principle of efficiency, the Federal Constitution provides that the law protects the consumer.
"Any law that tolerate the breach of contract by the airline schedules hurts consumer rights and affront the constitutional principle of efficiency. Therefore, the contracted hours must be fulfilled accurately, under penalty of affront to the Federal Constitution, "said the judge in its ruling released excerpt from today (19) by the advice of the Federal Court in Sao Paulo.
According to advice, TAM, for example, requested the withdrawal of the injunction arguing that the Procon-SP could not confuse the "air chaos" generated by the flight controllers' strike, between the end of 2006 and early 2007 with events at Christmas, 2008. They also compared the punctuality and regularity of its flights with the airline world, showing that is above the European average and above the best airline in Latin America.
The Procon and other bodies listed as authors of the action also requested that the Justice to decide on the articles of the Brazilian Code of Aeronautics to set user rights in cases of delay. This is because, according to the national defense, passengers continue to face problems such as lack of material assistance. The argument, however, was not accepted by the judge.
Article 230 provides that, where the departure of the flight delayed more than four hours, the airline will arrange the shipment of the customer in flight equivalent to the same destination and then return immediately, the value of the ticket.
But the Article 231 deals with delays during the calls, determining that the passenger may opt for the endorsement of its passage or the immediate return of money when your flight delayed more than four hours over the scale, whatever the reason. In addition, the airline will have to assume all costs of interruption or delay of flight, as the return of the passenger to their city of origin.
According to the court, its decision applies to the entire national territory, as it would be inconceivable that the schedules are met in a particular locality and not in another.
Source: Agência Brasil
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This article was translated by an automatic translation system, and was therefore not reviewed by people.
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