With several flights canceled this Wednesday (10/12) and Thursday (11/12) at Brasilia International Airport and Cogonhas and Guarulhos Airport (SP), due to the extratropical cyclone, many passengers are complaining about the lack of accommodation and food and demanding answers on the rescheduling of flights. Expert consulted by Metropolises explains how the injured citizen can be quickly compensated.
The lawyer specializing in consumer law Carla Simas emphasizes that in the event of flight cancellation, the customer has the right to be reseated on another plane, even if it comes from another company. Another option is to get to your destination by another means of transportation, such as a bus or taxi.
Carla says the first step is to research the airline, because they are objectively responsible for the damage. “If by chance, after contacting the company, the problem is not resolved, we advise the customer to register the problem on portalconsumidor.gov”, which has a period of 7 days to respond”. If still nothing is done, the passenger can take legal action to seek moral damages and reimbursement of amounts paid. The appropriate and quickest forum is to file a civil action, in the People’s Small Claims Court.
In the event of a lack of accommodation and food, Carla states that the company is obliged to support, based on the Consumer Protection Code (CDC) and the National Civil Aviation Agency (ANAC), passengers with internet, food, accommodation and transportation as follows:
- In the event of a 1 hour wait: the customer has the right to internet access;
- In the event of a 2-hour wait: the customer is entitled to adequate food;
- In the event of a wait of 4 hours or more: the customer is entitled to accommodation and transportation, if there is an overnight stay.
The lawyer warns that if the company is unable to meet these requirements, it constitutes a failure of service and passengers should keep the receipts and take the matter to court to seek the full amount, in addition to compensation.
THE Metropolises reported the case of social worker Roberto Lopes, 46, whose flight to the city of São José do Rio Preto, with a connection to São Paulo, was canceled and, in addition, the transport and accommodation voucher offered by the Latam company was refused. Carla says that airlines already have accreditations with restaurants, taxis and hotels and therefore the voucher must be accepted. “The consumer must have material proof of the refusal of this voucher, ask the company to immediately offer another alternative and, if the problem is not resolved and the passenger must bear the costs, he must keep the invoices and request reimbursement from the company or the court”, he concludes.
According to the CDC, the passenger has the right to:
- Prior information regarding flight cancellation through available airline service channels;
- Journey, have priority on the next boarding from the airline with the same destination;
- Be target to another company (free of charge);
- Recover the amount paid or even stay in hotel in the name of the company. If the consumer is at home, the company can only offer transportation to their home and from there to the airport.
- Proportional refund or discount in the event of material damage due to the delay, such as loss of daily allowances, circuits and connections;
- Plead recourse to justice if you understand that the delay caused you moral harm (not arriving on time to a work meeting, a wedding, etc.).
- The consumer must also keep proof of all expenses due to delay or cancellation, such as telephone calls, meals, accommodation, among others.
What companies are saying
Aim
At MetropolisesGol said affected passengers benefit from the facilities provided according to their needs.
In a note, he added that customers affected by the delays and cancellations of this Wednesday (10/12), who are available to change their flight, can do so at no additional cost, depending on the validity of the ticket and maintaining the same origin and destination. There is no need to go to the airport to do this.
If the customer wishes to reschedule their trip, they must contact the Gol customer service center via chat on the website voegol.com.br or by calling 0300 115 2121.
Latam
Latam confirmed in a note that there are effects of meteorological impacts this Thursday (11/12). “The company advises customers to check the status of their flight before traveling to the airport and to change their trip, if necessary. Customers who do not reside in São Paulo and require accommodation due to the affected flights can queue for assistance or book their hotel and transportation on their own.
In this second case, the customer must keep their proof of payment so that the company can proceed with the reimbursement. Just write to Latam via WhatsApp and there is no need to do it right away.”
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