As a result of the effects of the COVID-19 pandemic, the National Civil Aviation Agency (“ANAC”) edited Resolution No. with respect to (i) the deadline for information on a scheduled flight change, which has been increased from 72 to 24 hours; (ii) suspension of the provision of material assistance to passengers; and (iii) suspension of the obligation to rebook on third-party flights and execution of the service by another mode of transport, with such changes expiring on October 30, 2021.
Although there is already a date set for the end of the flexibilities, ANAC understood that the international market is still heavily affected, as the volume of international routes has not yet reached pre-pandemic levels, which is why special attention is needed on the subject.
In this sense, the agency will maintain most of the flexibilities of Resolution No. 400/2016 for international flights until March 31, 2022, that is, for an additional period of 05 months, airlines will be (i) authorized to provide information on flight change for passengers with just 24 hours notice; (ii) exempted from offering free material assistance in the event of border closures or authorities’ determination; and (iii) not obliged to offer the passenger the re-accommodation of a flight in other companies if the company’s own flight is available, as can be seen from Resolution No. 640/2021.
Despite not being required to offer material assistance and re-accommodation, airlines that operate international flights are again obliged to offer the passenger the alternative of performing the service by another mode of transport, under the terms originally provided for by Resolution No. 400/2016.
On the other hand, considering that there was consolidation of the resumption of the offer of flights in the domestic market, ANAC decided that the flexibilization of the rules for domestic flights will end on the scheduled date, that is, from October 31, 2021, return to enforce the rules of Resolution No. 400/2016 for domestic flights, with airlines (i) informing the passenger of any flight changes 72 hours in advance; (ii) provide free material assistance in the event of delay or cancellation; and (iii) offer the passenger accommodation on another flight, owned or operated by third parties, rebooking the air ticket, or performing the service by another mode of transport, free of charge, maintaining the conditions applicable to the contracted service.
Additionally, both for airlines that offer flights abroad and for those that fly domestically, the deadline for responding to passenger complaints on the Consumer.gov platform, which had been extended to 15 (fifteen) days, is back to 10 (ten) days, pursuant to Resolution No. 400/2016.
In this way, it is possible to note that ANAC is observing the differences in behavior of the domestic and international market, as well as the impacts that the pandemic continues to have on civil aviation, seeking the adoption of personalized rules to encourage the economic recovery of the sector.
Authors: partner Pedro Tinoco and lawyer Victoria Francesca Buzzacaro Antongini