Legal disputes between tourists and airlines are increasingly common in Brazil. Problems with canceled flights, airline tickets with overbooking, lost luggage, lack of support, among other routine problems of an airline take another proportion in Brazil. In 2019 alone, for every 100 flights carried out, eight lawsuits against airlines began to run in court, according to data published by the IATA – International Air Transport Association. 

The matter that was aired by the Brazilian Mail, also brings another aggravating factor that worries the sector. As informed by Dany Oliveira, director of the International Air Transport Association (IATA) in Brazil, lawsuits against airlines already total R$ 1 billion.

If, on the one hand, consumers began to complain even more about air travel seeking for their rights, on the other hand, companies in the sector are still looking for ways to reduce the operational and financial impacts caused by the pandemic.  

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According to a study carried out by Institute Claim HERE, between January and February of this year, there was an increase of 41% in the number of complaints from tourists who had canceled flights.

eduardo sampaio compensation for canceled flights

Brazil is the country where there are more lawsuits against airlines in the world, according to IATA data. Photo: Ashim D'Silva / Unsplash

What is the right of tourists in case of canceled flights?

In Bahia, a similar case was brought to justice with favorable return to the injured tourists, who received compensation in the amount of 4 thousand reais. According to the case file published on the website Jusbrasil, the judge understood that the companies failed in the service for not offering alternatives to passengers, in particular, the right to reimbursement, provided for by law.

The decision took place in the 1st Court of the Special Civil Court of Porto Seguro, where the court sentenced the companies involved as compensation for moral damages, for not providing due assistance to two passengers after the flight cancellation during the pandemic.

“These cancellations have been very common in the pandemic period. In the case in question, passengers were entitled to a refund, credit or re-accommodation of the flight, without any additional cost, as the cancellation occurred due to force majeure”, said lawyer Dr. Eduardo Sampaio, who filed the lawsuit in favor of consumers. 

Thus, the companies involved were jointly and severally ordered to refund the amounts paid for the airline tickets to the plaintiffs, as well as to pay each one the amount of R$2,000.00 (two thousand reais), as compensation for moral damages. . 

Few tourists know what to do in case of problems with travel companies. “It is necessary to be aware of legislative changes, and if passengers feel harmed, they can look for the Procon of their city or even the Special Civil Court to resolve any conflict. , reinforced the lawyer Dr. Eduardo Sampaio.

Tourists receive compensation for canceled flights

Tourists receive compensation for canceled flights. Photo: Reiseuhu / Unsplash

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