123 miles: Consumer gets money back on tickets and packages on hold, lawyers say | Travel and Tourism

123miles has suspended packages and airline tickets from the already-purchased “Promo” line for flights between September and December 2023. It said it will refund customers’ payments through vouchers to redeem them for tickets, hotels and packages.

But consumers have the right to get their money back, including correcting the interest, or to demand that the company fulfill the contract.

This is what consumer protection lawyers have consulted before g 1.

In the case of 123 miles, the People are protected under Sections 30 and 35 of the Consumer Protection Act (CDC).

This is what Carolina Visentini, lawyer at the Brazilian Institute for Consumer Protection (Idec), and Leonardo Werlang, partner at PG Advogados and specialist in consumer law, advise.

Article 35 states that if the seller refuses to fulfill the offer, Consumer can:

➡️ Require Forced Compliance: In the case of 123 Malhas, this means that you can ask that the company issues your ticket and packages it the way it sold it to you;

Acceptance of another equivalent product: What you give is 123 miles, ie payment by voucher for exchange in other services;

➡️ Termination of the contract with the right to a refundand monetary restated, and damages: any, You are entitled to a refund with corrected interest, including damages.

“What are losses and damages? It is additional harm, for example, when the consumer, for example – believing that this ticket was issued on time – has already purchased accommodation, tickets for attractions, tickets to parks, and has already rented a car” Leonardo Werlang explains.

He asserts that “in these cases, the consumer is also protected under the Consumer Protection Act to request repair.”

Attorney Gustavo Cloh, Professor of Law at FGV Rio, adds that “in our legislation, There is no rule that allows the supplier to give up the business.

“In this case , The supplier is in breach of the contract. What he has to return the money and bear the damage. Including moral damages in the end. Because there are people who might have bought these tickets to go to weddings, spend Christmas with their families, go to proms,” he adds.

How do you get money back?

The consumer can, first, speak directly to the company.

“If the answer is not satisfactory or if the consumer understands that the company is not complying with his request, he can Petitioning the judiciary and filing a lawsuit based on Article 35 of the Consumer Protection Law.says Leonardo Werlang, of PG Advogados.

“Usually this The lawsuit is in the special court because it is less than 40 minimum wage. It is necessary to claim compensation for monetary correction, interest and damages, ”adds Gustavo Cloh, from FGV Rio.

He explained that “if the wages are more than 40 wages, it is in the civil court.”