THE Procon-SP notified this Monday (20) to Itapemirim Air Transport asking for explanations about the suspension of flights from business, announced last Friday (17).
For affected consumers, the first option is re-accommodating on flights from other airlines, but those who are not relocated should receive immediate refunds.
“It is not a question of flight cancellation due to force majeure, such as, for example, due to weather conditions. In this case, it is intriguing that a company that has just opened [a Itapemirim começou as opções em julho deste ano] close your doors and harm so many passengers. We need to understand why the operation was authorized and then the company suspends operations without giving any satisfaction to its customers”, said the executive director of Procon-SP, Fernando Capez.
According to Procon-SP, the company may be fined up to R$ 11 million as provided for in the Consumer Defense Code, and be required to repair the material and moral damage – through a public civil action that must be filed against the company or against the partners.
“In the coming weeks, the Procon-SP and the State Attorney General will monitor the situation to minimize the impacts on consumers and work so that they are reimbursed. We will demand immediate reimbursement for all passengers who are not able to be relocated on other flights and not within the 12-month period as required by law”, Capez informed.
In the notification, the company was asked what reasons led it to adopt the temporary suspension; which services are affected and for how long they will be suspended; in addition to how many passengers were harmed. It should also detail the number of tickets sold and not yet used, the destinations and routes involved.
Itapemirim must also explain if it made individual communication to the affected passengers, how this communication took place; which communication channels were made available for customer service and what action plan was adopted to maintain the assistance guaranteed by law. The company has 24 hours, starting today, to provide clarifications.
A Brazil Agency contacted Itapemirim so that the company could talk about the Procon-SP notification, but, until the closing of this article, there was no response. 
Orientation to consumers
Consumers must keep all documents about the case, such as airline ticket, proof of payment and possible communication with the company. They must also keep receipts that show the damage they suffered as a result of the problem – expenses with transport, food, communication, accommodation, among others.
Consumers can file a complaint on the site of Procon-SP in order to guarantee that their rights are protected.
Anac
A National Civil Aviation Agency (ANAC), in turn, reported that Itapemirim Transportes Aéreos was summoned to provide assistance to passengers who purchased airline tickets and to provide the agency with updated information on actions planned to honor tickets sold and re-accommodating customers.
The re-accommodation of passengers is the responsibility of ITA. Anac advises passengers to contact Itapemirim only for relocations and not to go to airports before obtaining a new valid air ticket.
The agency recommended that the priority for re-accommodation be for unaccompanied minors and passengers with special needs, who were in the process of displacement last Friday and Saturday.
ITA is obliged to inform about the stoppage and the communication channels in widely publicized press vehicles, avoiding as much as possible the discomfort to passengers and operational inconvenience to the airports.
The company must also offer alternatives, including other means of transport, material assistance and financial compensation to affected passengers, in accordance with obligations provided for in current legislation, such as Law No. 14.034/2020 and Anac Resolutions No. 400/2016 and No. 556 /2020.
Other measures provided for in this legislation are the determination of measures by Itapemirim for maximum re-accommodation of passengers on flights from similar airlines and the provision of daily information to Anac on the actions taken to mitigate the damages and effects resulting from the suspension of activities, in addition to list of canceled flights and affected passengers.
The adoption of the measures determined by the agency does not, however, exempt the airline, nor its administrators, from other civil, administrative and criminal liabilities arising from all facts related to the suspension of its activities, including by omission, as well as crimes associated with the relationships of consumption.
Anac also recommends that passengers with planned flights do not show up at airports before contacting the airline.
Itapemirim informed that passengers with trips scheduled for the next few days should contact the e-mail [email protected] or by chat available on site from the company.
Anac also recommends that passengers use the Consumidor.gov.br platform.
Itapemerim informed that it also offers face-to-face service.
Source From: Moneytimes
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