How to deal with package cancellations and fines

Overnight, one of the most promising sectors of the Brazilian economy was directly affected by the effect of the pandemic, and many Brazilians arrived with the same question: what to do with this already purchased holiday?

Travel agencies are organized daily to check and reduce the losses that passengers and travelers would possibly suffer, and it is already imaginable to understand a more guilty and transparent communication channel between these corporations and their consumers.

The ANAC (National Civil Aviation Agency), above all, has already regulated that the passenger may withdraw from the acquisition with the full refund of the amounts paid, within 24 hours after receiving the transport voucher, but provided that the purchase is positioned up to 7 days before the flight date.

In addition, the Consumer Protection Code also establishes that if the acquisition were made over the internet (or outside the advertising establishment), it would possibly be canceled within 7 days.

When the passenger requests a refund, airlines have up to 7 days (from the date of the request) to make the payment to the customer responsible for the purchase of the air ticket, following the same one used at the time of purchase. customer made the payment with their credit card, the airline has up to 7 days to send the credits to the card operator.

However, in cases where the request for cancellation of the price of the air ticket arrives after 7 days of purchase, the TJSP and the STJ agree that the airlines will have to refund the price of the ticket (including promotional price tickets), retaining from 5% to 20% of the amount of the registration fee , but eye to eye, the cancellation must be made at least in advance, so that these price tickets can be resold through the ventures.

There are a lot of fears and hypotheses on this topic, and it turns out that the closer to the end of the year (the time when tourism in Brazil is even more in demand), the more others worry about their scheduled trips.

Procon even asked passengers to look for agencies where the package was purchased, to learn more about how to proceed with the cancellation, but reminded consumers that, according to the CDC, what was agreed in the contract will have to be fulfilled.

This means, for example, that in case of postponement of promotional or off-season packages, the postponement will have to adhere to the same time and regime and, according to the contract, fines will possibly be charged in case of cancellation.

It is worth mentioning that everything can still change, since the Brazilian legislature itself has worked to pacify this issue and thus guarantee greater legal certainty, not only for consumers, but also for corporations in the tourism sector.

A Pernambuco state law has suspended the billing of additional fees for flight cancellations and package travel from the Covid-19 pandemic. The law will be valid for one year after the completion of the state of public calamity.

According to this law, airlines and agencies are prohibited from charging additional fees for cancellation or postponement due to the novel coronavirus pandemic.

The law also provides for reimbursement of amounts paid by the consumer within 12 months after the end of the pandemic. In case of non-compliance with state law, the company must pay a fine of R$ 6. 000,00 (six thousand reais) for the assessment made, and this amount collected from the fines will be donated to the State Consumer Protection Fund.

Therefore, when it comes to travel and tourism, there will probably still be news about the pandemic and attempts to damage caused to so many Brazilians who had to travel, and in this way, it is mandatory to be aware of any news on the subject. have greater legal protection.

Giovanna Luz Carlos Abogado, graduated in law in Civil Law from Centro Universitário Padre Anchieta – FADIPA (2019) enrolled in the Brazilian Bar Association, São paulino segment (OAB/SP), graduate student in civil proceedings at Faculdade Damsio De Jesus. Attorney at TM Associates.