08/14/2024 – 19:00
Consumer rights organizations and platforms have received several complaints in recent days from people who purchased tickets for flights with Voepass. They are reporting difficulties in canceling trips and obtaining a full refund of the amount paid or rebooking on other flights.
Node Complain Herea platform that allows the registration of opinions and complaints about the purchasing or service experience, for example, several consumers have complained that they purchased flights through Latam, but that they later realized that those flights would be operated by Voepass and, therefore, asked to be relocated to another company.
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After the plane crash last Friday (9) with a Voepass aircraft that caused the death of 62 people, many consumers have reported insecurity in traveling by plane and many doubts about their rights.
Therefore, the Brazil Agency and the TV Brazil sought out Roberta Andreoli, president of the Special Commission for Aeronautical Law of the Brazilian Bar Association in São Paulo (OAB SP) to clarify the matter.
“I think the first thing we need to consider when faced with this situation is that every airline in Brazil, in order to provide passenger air transport services, must go through a certification process with the Brazilian Aeronautical Authority, which is the National Civil Aviation Agency (ANAC). ANAC’s main directive is to ensure flight safety. So, for that aircraft to be operating on that specific flight, this means that it has been checked and that the airline goes through all the scheduled and sporadic maintenance processes, when necessary,” she said.
Security
In a note published today (14) on its website, Anac reinforced that Brazilian aviation is safe and follows the strictest international civil aviation safety standards.
“ANAC reiterates its commitment to aviation safety and reinforces that all airlines operating commercial flights for regular air transport of passengers in Brazil are permanently monitored and inspected by the agency,” it explained.
Initially, what the consumer needs to know is that there is no provision for canceling or refunding tickets if they do not feel safe traveling.
“The fear that something similar (accident) could occur with the flight booked by the consumer does not constitute a situation of risk to life, considering that the companies had their aircraft certified by the air transport regulatory bodies”, explains Procon of São Paulo, in a note.
However, the president of the Special Commission for Aeronautical Law of the São Paulo Bar Association clarified that if the passenger still feels unsafe about traveling, it is best for them to talk to the crew before the boarding procedure is completed. “In a situation where the passenger feels unsafe about continuing the flight, regardless of the reason for this insecurity, what I can say is that each flight is an individual experience and that, if the boarding and disembarking procedure of the aircraft is still ongoing, this passenger could talk to the crew,” she suggested.
If the boarding procedure has already been completed, cancellation will no longer be possible, the specialist highlighted.
“After the end of this procedure, this individual decision by the passenger may harm the entire operation of the air infrastructure and delay flight schedules and takeoff and landing times. In this situation, the passenger will most likely not be able to disembark from the aircraft, also for safety reasons.”
The consumer should also be aware that, in the event of canceling the flight, the costs may be borne by him/her. “Each purchase of ticket of airfare establishes a rule of conditions. Each ticket has rights and obligations, both for the passenger and the airline. But it is not normal or usual to see contracts that allow this immediate withdrawal [sem custos ou perdas para o consumidor]”, said Roberta Andreoli.
According to Procon, if the consumer chooses to cancel the flight, he will be subject to the rules of the signed contract and the determinations of Anac 1 (Resolution 400/2016).
“According to Procon-SP, the right to regret may be applied considering the legal period of seven days to regret purchases made outside the commercial establishment,” said Procon, in a note.
This means that – up to seven business days after the purchase outside the commercial establishment – the customer can cancel and request a refund, without giving any reason. After this period, however, the customer may be subject to penalties, such as fines.
Complaints
THE Brazil Agencythe platform Complain Here reported that, only in this year of 2024 [até o dia do acidente]received 577 consumer complaints about Voepass. Last year, there were 520 complaints. The main problems reported by consumers about this airline between 2022 and 2024 were related to flight cancellations (226 complaints), followed by quality of service provided (213 complaints) and refunds (209 complaints). There were also complaints about refunds, poor service and delays in takeoff.
Procon-SP reported having received 48 complaints about the airline between January and August. Last year there were 45 complaints.
The majority of consumer complaints concerned difficulties in returning amounts paid or obtaining a refund (27 complaints), followed by unresolved or unanswered demands from the company’s Customer Service Department (SAC) (20 complaints) and service not provided or misleading sales (14).
The problem involving flight sharing (codeshare) between Voepass and Latam is one of the complaints that appeared most on the website Complain Here in recent days. According to Procon, the codeshare is not illegal, but Procon has been analyzing consumer complaints on this topic. “The practice of codeshare is legal and authorized by civil aviation regulatory bodies,” the agency said.
The Consumer Defense Institute (Idec) clarified that all information about who will be responsible for fulfilling the air transport contract must be given to the consumer in advance and in an appropriate and clear manner.
“Therefore, in the event that the rule of codesharein which an airline has a partnership with another to fly on certain routes, the consumer must have clear and advance information, right at the moment of selecting the flight’, said Idec.
If this information is not present or there is a failure to comply with this offer, Idec reported, it will be possible to demand forced compliance with the obligation or termination of the contract, in addition to being able to accept the offer of an equivalent service provider.
“If there are no routes operated by the airlines from which the consumer purchased the ticket, such as Latam, but only codeshare with other companies and the consumer does not feel safe traveling with companies they do not know, the ideal is to request the termination of the contract, demand the amount paid for the return air tickets and, if there are other losses, damages”.
Consumers, Procon emphasized, can make any complaints about problems involving an aircraft or airline. This complaint can be made, for example, to the Procon in your city or state, “and it is up to the company to demonstrate that the problems found were resolved and reported to the regulatory bodies and do not compromise airworthiness.
If there is no response from the company involved and the problem compromises the offer made, the situation may be considered poor service provision, subject to sanctions based on the Consumer Protection Code”.
Other side
When contacted by the press, Latam reported that, in the civil aviation market, it is common for airlines to make agreements that allow one company to sell tickets for flights operated by other companies. According to Latam, this information is presented to the passenger from the ticket search stage. “The practice is authorized by the air transport regulatory authorities in Brazil and worldwide. There is no interference by one company over the operation of another,” the statement says.
However, Latam highlighted that the company operating the flight is responsible “for all its technical and operational management, from ground service to passengers at airports, but also during flights, to compliance with the aircraft’s airworthiness guidelines, including its maintenance and the contracting of mandatory insurance”.
Regarding refunds and rebookings, Latam informed that the customer can refund or rebook their ticket without costs and fines whenever the flight is canceled, whether it is operated by the company itself or in codeshare.
Voepass reported that it “works hard to meet its customers’ expectations.” “The company is sympathetic to any complaints, which are considered to improve the provision of our services, and focuses on dealing with them through its official channels,” says a statement from Voepass.
* With information from TV Brasil
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