Brazilian airline Itapemirim could be fined for unexpectedly suspending operations

RIO DE JANEIRO, BRAZIL – The Brazilian consumer protection agency, Procon, notified Itapemirim Transportes Aéreos yesterday, December 21st, asking for explanations for the suspension of its services.

The company, which has been operating for less than six months, is causing losses to thousands of consumers. For the affected customers, the first option is to be relocated on another airline’s flight. Those who do not manage to be relocated should receive immediate reimbursement of the money for the tickets.

“This is not a case of flight cancellation due to force majeure, such as weather conditions. In this case, it is puzzling that a company that has just opened its doors would close them and harm so many passengers. We need to understand why it was authorized to operate, but the company suspends its operations without giving any explanation to its customers,” said Fernando Capez, the executive director of Procon São Paulo (Procon-SP).

Itapemirim could be fined up to US$2 million, as provided for in the Consumer Defense Code, and also be forced to repair material and moral damages through a public civil action to be filed against the company or the partners.

“In the coming weeks, Procon-SP and the State Attorney General’s Office will monitor the situation to minimize the impacts on consumers and will work to get them reimbursed. We will demand the immediate reimbursement of all passengers who cannot be rebooked on other flights and not within one year as established by law,” completes Capez.

According to what was reported by Aeroin, in the notification, the company was asked why they decided to suspend their services temporarily, which ones, and for how long they would be affected, in addition to how many passengers would be left without flying. It must also detail the number of tickets sold and those not yet used, the destinations and routes involved.

Itapemirim should also explain if it individually informed the affected passengers, how the communication was, what channels were available for customer service, and what action plan was adopted to maintain the assistance guaranteed by law.