09/07/2020News
Aviation bill: Chamber concludes voting and text goes to the Senate.
The Chamber of Deputies concluded the voting on Provisional Measure (925), and the text now goes to the Senate. The proposal stipulates that airlines will have up to 12 months to reimburse consumers for tickets purchased between March 19 and December 31, 2020, and canceled due to the worsening of the pandemic. The proposal also includes other emergency measures for the civil aviation sector to mitigate the effects of the crisis generated by the pandemic.
The main text was approved on Tuesday, the 7th. On Wednesday, the 8th, deputies made an amendment and removed a section regarding the collection of the connection fee for air transport. This new section had been included by the rapporteur, Deputy Arthur Oliveira Maia (DEM-BA). Currently, the cost of the connection fee is shared among all passengers, as it is charged to the airline, not directly to the passenger. According to the report, Maia wanted to change the rule so that the amount would be paid directly by the customer making the connection.
As reported by Broadcast, the Group's real-time news system, this change had the support of the Brazilian Association of Airline Companies (Abear). The argument is that the amount charged to the companies ends up being reflected in the final price of all airline tickets, regardless of whether the customer makes a connection or not.
The text stipulates that consumers will also have the option of receiving credit, instead of a refund, which can be used for up to eighteen months from the date of receipt. In the government's original proposal, this period was shorter, at 12 months.
If the consumer cancels a flight scheduled during this period, the passenger may choose to receive a refund within twelve months, but will be subject to any applicable contractual penalties. If the option chosen is to receive a credit, no penalty will apply.
These deadlines do not apply to consumers who cancel their flight within 24 hours of receiving proof of purchase for a ticket bought seven days or more in advance of the departure date. In these cases, the regulations of the National Civil Aviation Agency (ANAC) apply, according to which the refund period is seven days from the passenger's request.
Help
Oliveira Maia has authorized the provisional release (until the end of the year) of funds from the National Civil Aviation Fund (ANAC) for loans to concessionaires and airlines affected by the crisis. The use of the fund to support the sector is already being studied by the ministry headed by Tarcísio de Freitas, but still depends on the approval of the Minister of Economy, Paulo Guedes.
The rapporteur included in the text a provision that employees in the sector, whose contracts were suspended due to the pandemic, may make up to six monthly withdrawals from the Severance Indemnity Fund (FGTS) of a maximum of three minimum wages (R$ 3,135.00).
Meanwhile, flight attendants and airline workers who have had their salaries reduced will be able to make six withdrawals, limited to one minimum wage (R$ 1,045.00) per month.
Source: Infomonoy