On the way to the end of the year and The beginning of the summer seasonAs a greater number of flights are recorded; A Regulatory action and court ruling They are going to amend the rules and operating conditions that domestic and foreign airlines must adhere to.
on the one hand, National Civil Aviation Administration (ANAC) New regulations have been approved to regulate its management and treatment Passenger complaints Through a digital and easy-to-access mechanism that replaces the traditional and mandatory mechanism “Complaint book” On paper.
On the other hand, the ruling issued by the Federal Court of Cordoba against Flybondi – which sector specialists believe could become a precedent for similar cases – granted the user double compensation for delay and Frequent rescheduling of the trip and “moral and hereditary” damages. Who suffered due to the company’s lack of response.
What is the new complaints system for airlines?
Through Resolution 774/25, ANAC decided to update the procedure that airlines must follow to receive and attend to user complaints due to problems with schedules, delays, on-board services and baggage transportation.
According to the principles of the measure, and modifications “It is part of the process of modernization, digitalization and administrative simplification of the Argentine aviation system that aims to replace the previous scheme that had been in effect for almost 30 years.”
Complaints book in paper form – The decision highlighted – that it ceased to reflect the real dynamics of the sector’s claims and lost its representation compared to the volume of digital interactions between passengers and airlines.
Given this reality, the ANAC leadership, which leads Oscar Villabonahe proceeded to replace the obligation to keep a signed book with A more flexible system that recognizes electronic or telephone means as valid.
From now on, both Domestic airlines, as well as foreign airlines operating in the country, must have a channel to receive complaints – which can be physical, digital or telephone – this allows for this Ensure freedom of access and ease of use for users.
From here, The obligation to keep a single paper book of complaints is considered invalid It moves to a system with more options and access where data and claims must be recorded and archived for five years.
The new claims attention and resolution system sets out the following obligations for airlines:
- For each claim submitted, they must create a unique proof of record.
- he Maximum response time will be 30 business days.
- They must publish in a visible place, whether at physical or digital points of sale, the means by which users can submit a claim.
- Providing assistance to those who do not have access to digital media and ensuring accessible channels for people with disabilities.
- Providing a link to the ANAC Online Claims System for cases where the Company’s response is not satisfactory or is not received in a timely manner.
- Send to ANAC, within the first ten business days of January of each year, an annual report containing the total number of complaints received, their classification by type and status, response times and appropriate resolution rate.
Double compensation for flight rescheduling
To the changes in interest in claims, another relevant fact from the judicial field has been added which can lead to new lawsuits similar to rescheduling and cancellation which are usually common in high season and on days with the highest number of flights.
Federal Court No. 1 of Cordoba, responsible for Carlos Arturo OchoaFlybondi was ordered to pay double compensation to a passenger for damages caused by repeatedly scheduling a domestic flight from the capital of that province to Buenos Aires, which caused him to pay a ticket on another airline so as not to miss a scheduled international flight.
The referee decided that Low-cost company Flybondi must pay $246,950 for “contingent and property” damages and $1,300,000 for “moral and non-pecuniary” damages. experienced by the affected user. Regarding this last amount The judge considered that the “state of uncertainty, nervousness and pain” had been proven Which the passenger suffered due to the lack of response and repeated rescheduling of the flight by the airline.
According to the daily judicial website: The case started before A passenger booked a flight from Cordoba to Buenos Aires to connect with an international service to Israel. The complaint stated that the service flybondy He was It has been postponed and rescheduled three timeswhereupon the user had to purchase a new ticket with Aerolíneas Argentinas for $246,950 So you don’t miss your international flight.
When analyzing the evidence, The judge rejected FlyBundi’s argument that the latest rescheduling was less than the four hours required by current aviation regulations.
The judge stressed that “it is clear that, in addition to the changes in the identification of the flight, Traffic was subject to 3 reschedulings, the total of which significantly exceeded the four hours stipulated in Articles 43 and 48 of Decree 809/2024. Moreover, these dates were not informed of the prior notification stipulated in Article 42 of the same decree.
The ruling highlighted that “Lack of response, successive cancellations, and violation of air transportation conditions The ruling – in which the defendant had to offer alternatives to complete the flight in time and/or refer it to another airline – put the plaintiff in an urgent and desperate situation so he proceeded to contract on his own, “Argentina Airlines flight AR1585, which cost him $246,950.”
In this case, Judge Ochoa ruled that Flybondi must pay the user the equivalent of what he paid for the Argentina Airlines flight. And an additional amount of $1,300,000 in compensation for moral damages.
Upon proving that payment, the judge explained that that value had been reached.”Using the method of alternative or compensatory pleasures in order to determine moral injury Taking into account the circumstances in which the event giving rise to the damage occurred, the suffering he suffered, the personal characteristics of the plaintiff and the goods and services that could be obtained to compensate for the damages he suffered.”