The holidays have arrived. Time to pack your bags and travel. And hope that nothing goes wrong. But, if possible, it is a good idea for the consumer to be aware of their rights, both when taking the plane and when enjoying everything included in the tourist packages.
With the purpose of protecting consumers in the tourism sector during this period of high demand, the National Consumer Secretariat (Senacon) has carried out campaigns to reinforce “the importance of knowing and demanding the rights guaranteed by the Consumer Protection Code (CDC)”.
Among the topics covered are consumer rights in the event of problems with flights and changes to tourist packages. It also presents practical tips for consumers and details some of its actions to raise awareness in relation to service channels, inspections and penalties already applied.
Flights
Senacon reminds us that air travel is susceptible to delays, cancellations and situations in which seat sales were greater than the aircraft’s capacity, known as overbooking.
The body alerts consumers to the rights provided for in Brazilian legislation, especially by the National Civil Aviation Agency (Anac) and the Consumer Protection Code, when they encounter situations of this type.
If the delay is more than 1 hour, companies must offer means of communication such as telephone or internet. When lasting more than 2 hours, the passenger will be entitled to food through vouchers or meals.
When the delay exceeds 4 hours, the airline must provide accommodation or lodging, as well as transport to the location.
Both in the case of delays of more than 4 hours or flight cancellations, the passenger can choose between a full refund of the amount paid; re-accommodation on another flight from the same company or another, at no additional cost or performance of the service by another means of transport.
Transparency rules are also foreseen regarding situations that result in problems with the flight. “Companies are obliged to inform, in real time, the status of the flight and the reasons for any problems”, says Senacon.
Tour packages
In the case of tourist packages purchased by consumers, both for family and group trips, Senacon highlights some important protections.
In the case of changes made unilaterally by the company, Senacon explains that “the tourism agency cannot change itineraries, accommodation or other services without the customer’s consent”.
However, if this occurs, the consumer has the right to cancel the contract with a full refund or accept another package of equal or greater value, at no additional cost.
If cancellation is at the consumer’s request, proportional fines may be charged, as long as they are provided for in the contract. The Consumer Protection Code, however, requires that these fines be reasonable and communicated clearly.
“If the agency does not fulfill what was contracted, such as a hotel different from what was agreed, the consumer may demand reparation or even compensation for moral and material damages”, highlights Senacon.
Tips
Among the practical tips presented in Senacon campaigns is reading contracts carefully. “Check all the clauses before closing any package or purchasing tickets; and ask about fines in case of cancellation and ensure that everything is documented.”
The secretariat also suggests that the trip be planned, that reservations be made in advance, which can reduce costs, in addition to avoiding problems with unforeseen events.
It also suggests that everything be recorded in writing. “Save proof of payment, emails and messages exchanged with suppliers. These documents are essential in the event of repair requests.”
In addition to carrying out awareness campaigns, with information about rights and alerts about fraud when purchasing packages and tickets online, Senacon provides the consumer.gov.br platform, a channel that allows consumers to register complaints against travel agencies, companies airlines and hotels.
