Specific laws, which made cancellation, rescheduling and refunds more flexible, are only valid until 31/12/2021. For specialists, rules of ANAC for international flights are illegal.
In 2020 and 2021, due to Covid-19, specific laws made the rules for canceling, rescheduling and refunding airline tickets more flexible throughout the country.
The easing was related to the cancellation of flights that occurred in the period between March 19, 2020 and December 31, 2020, which was extended to October 31, 2021 and, finally, extended to December 31, 2021 (Provisional Measure 1021/2020, Law 14034/2020 and Law 14174/21).
The lawyer specializing in Consumer Law and professor, Marco Antonio de Araújo Jr, alert:
“The effects of flexibility apply only to cancellations that occur until December 31, 2021. As of January 1, 2022, Law 14.174/21 will no longer take effect and the rules regarding cancellation, rescheduling and refund of tickets airlines will depend on Resolution 400 of the National Civil Aviation Agency (ANAC) or on what was agreed between the airline and the consumer at the time of purchase, unless another law providing for the flexibility of consumer rights is sanctioned ".
Until December 31, 2021, flight cancellation by the airline may generate reimbursement of airline tickets with a period of 12 months, counting from the date of the canceled flight, with monetarily corrected amounts, without the incidence of a contractual fine. Or even, a credit in lieu of reimbursement of amounts paid.
Re-accommodation on another flight must also be offered, whenever possible, free of charge, on the same airline or on another airline. If the consumer gives up the flight by December 31, 2021, he can choose to receive a refund of the amounts paid, within 12 months, or he can choose to receive the credit, in the amount of the air ticket, for use by him or a third party , within 18 months, without penalty.
As of January 1, 2022, if no new law is enacted, airlines will have just seven days to reimburse engers in the event of flight cancellations, including the ticket price and amounts paid as airport fees , without penalty.
The credit is still valid, replacing the refund of amounts paid, if it is in the interest of the consumer. Reaccommodation also remains a duty of the airline, whenever possible. If the consumer gives up the trip, he may receive a refund of the amounts paid, within seven days. The airline may charge a fine/fare difference, as long as the information is made available at the time of purchase.
According to Araujo, the material assistance and overbooking rules remain the same as of 2022. For international flights, however, ANAC decided to make the application of Resolution 400 more flexible until March 31, 2022, ensuring that the airline will not be obliged to to provide material assistance in situations beyond its control, such as the closure of borders or airports by order of authorities.
In the same way, ANAC understood that airlines are exempt from ensuring re-accommodation on flights from other companies where there is availability of a flight from the company itself.
In the opinion of the lawyer, such flexibility goes against the provisions of the Consumer Protection Code in relation to rights previously assured to engers and, for this reason, are illegal.
“At the most critical moment for the enger, which is when he is at a foreign airport and is prevented from boarding due to Covid-19 restrictions, ANAC edits a resolution that allows the airline to stop providing material assistance to the consumer and transfer full responsibility for any difficulties and losses caused by the restrictions imposed by the pandemic”.
Araújo recommends that consumers who are in these conditions prove, through photographs, filming or news, that they attended the airport and were denied boarding by the airline. THE
In addition, they must attach all vouchers with expenses related to food, transportation and accommodation related to the period that they were unable to fly, in order to later try to reach an agreement with the airline or sue in court for compensation for material or moral damages, when applicable.
Street: M2 Communication
