Procon-SP notifies Itapemirim and fine could reach R$ 11 million

The São Paulo Procon notified this Monday (20th) to ITA Transportes Aéreos, of the Itapemirim Group, about the suspension of the company’s flights last Friday (17th). The fine can reach R$ 11 million.

The organization also says that it intends to file a collective civil action for moral and material damages against the company.

Sought to comment, Itapemirim did not respond until the publication of this report.​

The consumer protection service requires the relocation of passengers on other flights or immediate reimbursement for all consumers who are unable to be relocated within a maximum period of five days, according to Fernando Capez, executive director of Procon-SP. The law in effect during the pandemic provides for reimbursement within 12 months.

“We understand that there are cases and cases of flight cancellations, some for reasons of force majeure. In this case, it is intriguing how the company is opened and immediately closes its doors to the operation. Why was its operation authorized? And why was it canceled without giving any satisfaction to consumers?”, asks Capez.

The cancellation of the entire operation of the company reached more than 40 thousand consumers and collective action for moral and material damages may be filed against the company or directly against the company’s partners, if it is not financially healthy, according to the director.

“Procon will be following up in the coming weeks together with the State Attorney General’s Office, aiming to serve consumers and repair as soon as possible the serious damage they suffered as a result of this cancellation”, says Capez.

The fine of up to BRL 11 million is provided for in the Consumer Defense Code, according to Procon. In the notification, the company was also asked about the reasons for adopting the temporary suspension of flights, the deadline for re-establishing activities and the number of passengers affected. The deadline for reply is 24 hours.

The agency recommends that affected consumers register complaints on the Procon-SP website and keep receipts and invoices for the airline ticket and all losses recorded as a result of the cancellation.

Itapemirim, which started operating in June of this year, had to deal with delays in salaries and employee benefits, suspension of the workers’ health plan, debts with suppliers, non-compliance with schedules, flight cancellations, customer service criticism and sending data errors on the number of passengers for ​Anac (National Civil Aviation Agency).

On Saturday (18), the company informed that it prioritizes the re-accommodation of passengers who need to return home on flights from other companies. “Other passengers with round-trip travel, who are in their city of residence, will receive priority assistance with full refund of amounts paid,” he said in a note.

The company advises passengers to contact the email [email protected] or directly to their travel agency.