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September 2015 – Brazilian Passengers Protection: Resolution Anac 141/2010 – Passenger’s rights in case the contracted service changes: rights and obligations applicable to regular flights departingfrom Brazil

 

BRAZILIAN PASSENGERS PROTECTION: RESOLUTION ANAC 141/2010

PASSENGER’S RIGHTS IN CASE THE CONTRACTED SERVICE CHANGES: RIGHTS AND OBLIGATIONS APPLICABLE TO REGULAR FLIGHTS DEPARTING FROM BRAZIL

When noticing that the flight will be delayed in respect to the time originally scheduled or the flight cancellation or interruption of service and the reason thereon, an airline must keep the passenger informed on the delay, the reason and the scheduled departure time, by whatever communication means available. When requested by the passenger, this information must be provided in writing.

If any delay occurs in the airport of departure exceeding four hours, the carrier is obliged to offer the following alternatives to its passengers:

  • rebooking in another company’s flight offering equivalent service to the same destination, as soon as possible; or
  • rebooking in company’s flight on a date and time at the passenger’s convenience; or
  • refund of the full amount paid by the not used ticket.
  • If any delay occurs at the stopover or change of flights exceeding four hours, the airline must offer the passengers the following alternatives:
  • rebooking in own company’s flights or in another company, offering equivalent service to the same destination, as soon as possible; or
  • rebooking in company’s flight on a date and time at the passenger’s convenience; or
  • full refund of the ticket, assuring the return to the airport of origin; or
  • refund of the non-used segment if the displacement suits the passenger; or
  • termination of the service using another transportation modality.
  •  

Flight cancellation and interruption of service

In case of flight cancelation or interruption of service, the airline must offer the passengers the following alternatives :

  • rebooking in company’s flight or of another company, offering equivalent service to the same destination, as soon as possible; or
  • rebooking in company’s flight on a date and time at the passenger’s convenience; or
  • full refund of the ticket, assuring the return to the airport of origin in case of interruption; or
  • refund of the non-used flight if the displacement suits the passenger; or
  • termination of the service using another transportation modality, in case of interruption.

 

Passenger’s flight postponed

Fail to carry passenger which ticket was booked or reservation was confirmed configures postponement of departure. When passenger request, the information on the postponement reason must be provided by the carrier in writing.

Whenever the carrier foresees circumstances that may generate the postponement, passengers must be contacted to choose voluntarily the departure in another flight by offering compensations, which will be subject of negotiation between the passenger and the carrier. If any passenger voluntarily accepts to the rebooked to another flight by accepting the compensations, the carrier may request the passenger’s signature in the specific instrument, acknowledging the acceptance of compensations therefore the postponement will not be characterised.

If departure is postponed, the airline must offer the passengers the following alternatives:

  • Rebooking in company’s flight or of another company’s flight, offering equivalent service to the same destination, as soon as possible; or
  • Rebooking in company’s flight on a date and time at the passenger’s convenience; or
  • Full refund of the ticket, assuring the return to the airport of origin in case of interruption; or
  • Refund of the non-used flight, if the displacement suits the passenger; or
  • Termination of the service using another transportation modality.

Material assistance and refund

In cases of flight delay, cancellation or interruption as well as postponement of passenger’s flight, the airlines must make sure that material assistance is offered to the passenger appearing for check-in process:

  • Exceeding one hour: communication facilities (telephone calls, internet access or other);
  • Exceeding two hours: appropriate food;
  • Exceeding four hours: accommodation in appropriate place, transfer and, whenever necessary, hotel service.

Passengers choosing any of the following alternatives, are not be entitled to assistance:

  • rebooking in company’s flight on a date and time at the passenger’s convenience; or refund of the full amount paid by the not used ticket in case a delay occurs in the airport of departure exceeding four hours.
  • rebooking in company’s flight on a date and time at the passenger’s convenience; or refund of the non-used segment if the displacement suits the passenger, in case a delay occurs at the stopover or change of flights exceeding four hours.
  • rebooking in company’s flight on a date and time at the passenger’s convenience or refund of the non-used flight if the displacement suits the passenger, in case of flight cancelation or interruption of service
  • rebooking in company’s flight on a date and time at the passenger’s convenience or refund of the non-used flight, if the displacement suits the passenger, in case departure is postponed.

 

The carrier must carry out the refund as soon as it is requested, including the airport fees and complying with the means of payment. The refund of amounts already paid and received by the carrier must be processed immediately upon cash or check, credit in bank account or in the credit card’s invoice reimbursement, in case the ticket’s payment was made thereby. The refund will be made to the ticket purchaser. If the parties agree, the refund may be made by credit before carrier. In case the ticket has been acquired from travel agency, the refund must be requested via the travel agency.

 

For further information and comment, please contact Arthur Flieger (flieger@fliegerlaw.com, +32 3 238 77 66)

© 2015 A. Flieger – This publication is defined to provide accurate and authoritative information in regard to the subject matter covered. It is transmitted with the understanding that the publisher is not engaged in rendering legal, or any other professional services. If legal advice or other expert assistance is required, professional services should be sought. You can always contact A. Flieger at flieger@fliegerlaw.com.