Viva Air: Indecopi orders airline to return money or relocate affected passengers on flight

The National Institute for the Defense of Competition and the Protection of Intellectual Property (indecopi) announced on Tuesday March 7 that it was enacting precautionary measures in favor of the hundreds of Peruvian and Colombian passengers affected by the untimely flight cancellation of the airline live air.

“The Technical Secretariat of the Consumer Protection Commission No. 3 has further issued a precautionary measure to the two companies (Viva Airlines Peru SAC and Fast Colombia SAS Peru Branch), to prevent damage to the consumers it may become irreparable,” the institution said.

He explained that with this measure it was ordered that, immediately, they identify the passengers concerned for the suspension of their operations and that they adopt protective actions in accordance with the provisions of Andean Decision 619, Civil aviation law (Law No. 27261) and Regulations of the Civil Aeronautics Law (Supreme Decree No. 050-2001-MTC).

“In the event that the passengers concerned have boarded other flights from February 27 to date, the companies must reimburse the costs of accommodation, food, transport and the difference in price of the new plane tickets that they have purchased and that the consumer has accredited, within a maximum period of fifteen calendar days from the consumer’s request”, specifies indecopi.

In addition, he indicated that within a maximum period of three working days, after being informed, companies must prepare and disseminate through their web portal and social networks a statement on the procedure that users must follow to access the refund of tickets or, at the consumer’s choice, re-accommodation on a flight departing from another Airline company at no cost to the party concerned.

noted that live air You must initiate the refund process for users who request it, within a maximum of calendar days for each case, from the date of the request made by the consumer.

“With regard to the relocation option, said consumer choice must be accredited by providers, as well as the corresponding execution for this purpose,” he added.

Finally, he argued that companies must immediately set up telephone channels and instant or electronic messaging to respond adequately and quickly to questions from concerned consumersavoiding the use of automated messages, long waiting times for communication and barriers to entering information.

indecopi initiated an administrative penalty procedure against the companies Viva Airlines Perú SAC and Fast Colombia SAS Peru Branch for abruptly suspending operations on February 27, affecting hundreds of passengers.

According to the Technical Secretariat, the companies violated the Consumer Protection and Defense Code for the following facts:

-Cancel your flights for events for which they are responsible, affecting consumer expectations.

-Failure to implement mechanisms to respond adequately and in a timely manner to questions presented by affected passengers before the cancellation of your flights.

– Failing to ensure the protection of consumers affected by the suspension of their operations; in accordance with the provisions of Andean Decision 619, Civil Aeronautics Law (Law No. 27261) and Regulation of the Civil Aviation Law (Supreme Decree No. 050-2001-MTC).

-Failing to inform consumers, in a timely, sufficient and appropriate manner, of the measures they were going to adopt in this situation, nor of the reimbursement of the sums paid for the service not provided, before the cancellation of their operations.

-Do not refund money that passengers have paid for their departure tickets February 27, 2023.