Itapemirim signs an agreement with Procon-SP to reimburse consumers

The airline Itapemirim signed this Tuesday (28) a term of commitment with the Foundation Procon-SP to reimburse all consumers who file a complaint against the company on the agency’s website. If you do not comply with the agreement, the company will be fined R$ 5 million.

The measure covers consumers residing in the state of São Paulo.

Through the Voluntary Commitment Term, Itapemirim undertakes to provide full reimbursement to customers affected by the suspension of the company’s flights, from the last 17th, within a maximum period of ten consecutive days.

“From the moment the complaint is registered on the Procon-SP website, the company has up to ten days to prove that it has refunded the consumer,” he told leaf Guilherme Farid, Chief of Staff at Procon-SP. According to the executive, the company reported that 99% of purchases were made via credit card. If the purchase was carried out in installments, the reversal will be made in the same way and term.

In the term signed with Procon-SP, ITA (Itapemirim Transportes Aéreos) undertakes to transport the consumer back to their city of residence, preferably by air, in addition to paying accommodation, food and transport expenses caused by the suspension of the flight. If the transportation offered is by road, ITA must also reimburse the airline ticket in full.

The company also needs to offer a 24-hour telephone service channel with Procon-SP and other state Procons units. Face-to-face customer service must be provided at the counters at the airports of Guarulhos and Congonhas, in São Paulo, in accordance with the term of commitment.

In a statement, the executive director of Procon-SP, Fernando Capez, says that the agreement ensures reimbursement to consumers, but does not exempt ITA from administrative or judicial responsibility due to the suspension of its operations. In other words: the consumer can individually file a lawsuit for moral damages against the company.

When contacted, Itapemirim said in a note that it is a “historic collaboration agreement, with the aim of serving its customers and alleviating the impacts”.​

“Itapemirim reiterates that it is rigorously claiming the reversals of tickets required by its customers with card operators. Finally, it points out that it has all available channels to better serve its customers,” said the company, in a statement .

According to ITA, assistance is provided by telephone 0800 723 2121 and via chat on the company’s website, from 6 am to 9 pm.

Fine from the Ministry of Justice could reach BRL 11 million

On the 24th, the Ministry of Justice decided to open administrative proceedings against the ITA, in view of the 133,000 passengers who were harmed by the suspension of flights.

A note released by Senacon (National Consumer Secretariat), ahead of the process, informs that even if the company is working to relocate or reimburse passengers, “the measures may even mitigate some situations, however, the damage to the consumer community remains more than configured”.

Itapemirim has until January 13 to present its defense. The agency had given a deadline for the airline to send the plan adopted to mitigate damages to customers. The company sent it, but the folder judged it unsatisfactory and then filed a process that could result in a fine of up to R$ 11 million.

In a statement released on the 17th, Itapemirim stated that the decision to suspend flights was taken due to the need to make operational adjustments.

On the 17th itself, Anac (National Civil Aviation Agency) had already determined that the airline should provide immediate full assistance to all passengers and communicate, individually, about the cancellation of flights and re-accommodations, in addition to guaranteeing the reimbursement of tickets, according to the rules of resolution 400, which deals with the rights of air passengers.

In early December, Sidnei Piva, president of the Itapemirim Group, stated, during the Panrotas 2021 Forum, that the company had air ticket prices that did not cover the operating cost. Even with high inflation and the weak economy in the country, the businessman stated, at the time, that the company was holding back increases.

Group launched in October fintech to finance passage in up to 36 times

In October, the company seemed confident in business. In an interview with leaf, Piva announced the launch of the group’s fintech, ITA Bank, in partnership with financial institutions such as Junttos and Afinz, to finance air and land tickets in up to 36 interest-free installments.

“A family that wanted to plan their vacation trip can pay a package in 24 installments, in installments that fit in their pocket,” said Piva at the time. The businessman also said that he was trying to partner with Amex to launch a credit card in the first quarter of 2022.

The company had its inaugural flight in June this year, from Guarulhos to Brasília, with the plan to serve 35 destinations on its network by June 2022. The launch took place at a time when airlines around the world were losing customers in the face of restrictions caused by the pandemic.

The Itapemirim group, which involves the road transport company of the same name, has been under judicial recovery since 2016 and has tax debts of almost R$ 2 billion. At the time, the group stated that the airline was not part of the judicial recovery process and that the conglomerate’s investments were authorized by the judge responsible for the process.

Months later, the ITA was the target of accusations over employee pay arrears. At that time, the company claimed that a “technical problem” prevented it from centralizing its employees’ payments in a single bank.