Anac Resolution 400/2016 cannot affect user rights
Jan 25, 2024 5:42:39 GMT
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On December 14, 2016, the National Civil Aviation Agency (Anac) published Resolution 400/2016, which governs the general contractual conditions for passenger air transport, both in the preliminary phase, at the time of its execution and in the subsequent phase. This normative act came into force on March 14, 2017, sparking discussions about certain rules whose content denotes contradiction with that recommended by Law 8,078/90, which covers the consumer protection and defense microsystem. The conflicting issues arising from the application of that resolution can be grouped into two sets that encompass the possibility of changing the passenger air transport contract and the transfer of users' luggage.
The restructuring of the legal business Buy Phone Number List may occur as a result of conduct generated by the passenger himself or by the carrier. The user of the service may rebook the flight ticket, cancel it or not show up for boarding ( no show ), with sanctions being imposed. Modification of the air transport service for people by the provider was permitted, whether scheduled or not, taking the form of delays in take-off, denial of passenger boarding and flight cancellation. In relation to consumers' luggage, Resolution 400/2016 establishes that it is an ancillary contract and, consequently, the company is not obliged to transport it free of charge, eliminating the previous excess in force.
It also became possible to exempt from liability for fragile items, setting values for financial compensation for the user in the event of problems with the items that make up the luggage. Two other relevant issues are the presumption of regularity of the luggage received by the consumer and the requirement that the consumer declare goods whose compensation values are high. In this sense, this article is intended to analyze the rules that deal with the passenger air transport contract in comparison with the Consumer Protection and Defense Code, through a systematic interpretation based on the dialogue of sources in search of solutions that maximize the rights of the most vulnerable contractual party — the user of the service performed.
The restructuring of the legal business Buy Phone Number List may occur as a result of conduct generated by the passenger himself or by the carrier. The user of the service may rebook the flight ticket, cancel it or not show up for boarding ( no show ), with sanctions being imposed. Modification of the air transport service for people by the provider was permitted, whether scheduled or not, taking the form of delays in take-off, denial of passenger boarding and flight cancellation. In relation to consumers' luggage, Resolution 400/2016 establishes that it is an ancillary contract and, consequently, the company is not obliged to transport it free of charge, eliminating the previous excess in force.
It also became possible to exempt from liability for fragile items, setting values for financial compensation for the user in the event of problems with the items that make up the luggage. Two other relevant issues are the presumption of regularity of the luggage received by the consumer and the requirement that the consumer declare goods whose compensation values are high. In this sense, this article is intended to analyze the rules that deal with the passenger air transport contract in comparison with the Consumer Protection and Defense Code, through a systematic interpretation based on the dialogue of sources in search of solutions that maximize the rights of the most vulnerable contractual party — the user of the service performed.