On August 5, 2020, Provisional Measure No. 925/2020 issued by the Brazilian Government on March 19, 2020 was converted into Law No. 14.034 / 2020, with the aim of supporting the aviation sector against the economic consequences arising from the Covid-19 pandemic, establishing the following rules:
1) Airline tickets for flights between March 19, 2020 and December 31, 2020:
– refunds: period of 12 months from the date of the cancelled flight – value to be updated by the INPC, applying the penalties provided for in the transport contract.
* exception: cancellation by the passenger within 24 hours of purchase and if the request is made 7 days or more before the departure date – refund must be made within the period stipulated in the contract or in previous law.
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– credit: conversion into a value greater than or equal to that of the ticket, to be used by the purchasing person or another person, within 18 months, and to be able to purchase products or services offered by the company.
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– relocation: on another flight of the same company and a different company at no cost.
- cash purchases: when requesting airline cancellation, the charge must be stopped immediately even if the installments have not been debited, without prejudice to the refund of amounts already paid.
2) Airport Taxes:
- of connection: will be charged directly to the passenger;
- of international flights: discontinued as of January 1, 2021.
3) Achanges to the Brazilian Aeronautical Code:
– non-accountability in case of flight delay caused by unforeseeable circumstances/force majeure, defined as:
(a) adverse weather conditions;
(B) unavailability of airport infrastructure;
(C) declaration of pandemics that prevent or restrict air transport;
(D) determinations by civil aviation authorities or other public bodies that restrict the service.
Such events must be supervening, unpredictable and unavoidable, and in any case, the airline must still offer material assistance and other reimbursement and re-accommodation alternatives, including when the delay is more than 4 hours.
- moral damages: there must be effective demonstration (proof) that there was damage and its extent to the passenger, in the event of a failure in the execution of the transport contract – subjective and not objective liability.
4) Loans with resources from the National Civil Aviation Fund (FNAC)
Loans or loan guarantees dated up to December 31, 2020, may be granted to holders of airport concessions or regular air transport services and to providers of auxiliary air transport services, provided they prove to have suffered losses resulting from the Covid-19 pandemic.
5) Payments of Airport Concessionaires:
(a) contributions of fixed/variable concessions owed by airport concessionaires: extension of the obligation until December 18, 2020, with monetary correction;
(B) readjustment and rescheduling of payment of concessions: minimum of 50% below and maximum of 75% of the value of the original installment agreed for each fiscal year.
