The Federal District Court of Justice denied, this Monday (20), a request for compensation made by passengers of ITA (Itapemirim Transportes Aéreos) who had their flights canceled after the company announced the suspension of its operations.
The plaintiffs said they had purchased tickets for December 24, on the Brasília-Salvador stretch, for a trip that had been planned two years ago. Faced with the cancellation and high prices of a new ticket, they asked for a pledge of R$4,500 from Itapemirim.
“Alternatively, they require the company to be compelled to issue airline tickets in other companies in the name of the applicants, in one business day, under penalty of application of a daily fine”, says the dispatch.
However, judge Débora Cristina Santos Calaço rejected the request, saying that it was a leisure trip and, therefore, expendable.
“The authors did not prove, in this prefacial judgment proper to the judicial duty, the necessity of the trip, which would recommend the granting of the desired protection before the adversary proceeding. Apparently, this is a leisure trip”, said the magistrate in the order.
Calaço also said that it is public knowledge that the financial situation in which Itapemirim is going is precarious, which makes it unlikely that requests will be fulfilled.
In the decision, the judge determined that the records be sent to the natural court of the case.
The suspension of ITA operations affected a total of 45,887 passengers who had contracted services between the 17th and 31st of December.
On Tuesday (21), the company said that in the first two business days after the temporary suspension, R$ 7.8 million in refund requests with credit card operators had already been processed.
Some passengers who had their travels affected try in vain to get their flights rescheduled at the airport.
Itapemirim advises customers not to check in online or go to airports before contacting the company.
In addition, the company made available a chat on its website and a telephone number (0800 723 2121) to serve affected customers, operating between 6 am and 9 pm.
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