Indecopi has launched a sanctions process against Viva Air after “affecting hundreds of passengers” due to the suspension of operations.

indexcopy launched a sanctions process against Viva Air after it suspended operations, hurting passengers stranded at airports.

“The Technical Secretariat of the Consumer Protection Commission No. 3 Indecopi has initiated an administrative penalty procedure against VIVA AIRLINES PERÚ SAC and FAST COLOMBIA SAS SUCURSAL PERÚ for the sudden suspension of their activities on February 27, which affected hundreds of passengers,” the statement said. .

As per what was stated Technical Secretaryboth companies would violate Consumer Protection and Protection Code on the following facts:

• Cancel your flights due to events for which they are responsible and which affect consumer expectations.
• Failure to implement mechanisms to adequately and timely respond to the requests of passengers affected by the cancellation of their flights.
• Failure to protect consumers affected by the suspension of their activities; in accordance with the provisions of Andean Decision 619, the Civil Aviation Law (Law No. 27261) and the Civil Aviation Law Regulations (Supreme Decree No. 050-2001-MTC).
• Informing consumers in a timely, sufficient and appropriate manner of the measures they were going to take in connection with the indicated situation, as well as the reimbursement of funds paid for the service not provided, before canceling their transactions.
• Do not refund money that passengers have paid for their tickets for travel on or after February 27, 2023.

Caution

Besides, indexcopy precautionary measures against both companies —Viva Air And Fast Columbia- so that “the harm caused to consumers does not become irreparable.”

“As a precautionary measure, they were ordered to immediately identify passengers affected by the suspension of their flights and take protective measures in accordance with the provisions of Andean Decision 619, the Civil Aviation Law (Law No. 27261) and the Regulation. Civil Aviation Law (Supreme Decree No. 050-2001-MTC),” they added.

On the other hand, if the affected passengers boarded other flights from February 27 to today, the companies must reimburse the costs of accommodation, meals, transportation and the difference in the price of new air tickets that they bought, and which are consumer accredited, within a maximum of fifteen (15 ) calendar days from the date of the consumer’s request.

Within a maximum of three (03) business days after receiving the notice from the company must prepare and distribute the application through their web portal and social networks on the procedure to be followed by users in order to access a refund of the cost of their purchased tickets or, at the choice of the consumer, a transfer to another airline at no cost to the consumer and at least on terms similar to the original contracts.

During the same period, you must report in the same way any other measures aimed at redressing the damage caused to consumers affected by the cancellation of scheduled flights.

After the publication of this information, within a maximum of two (2) business days, you must initiate the return process for those users who request it, within a period of no more than (15) calendar days for each case, from the date of the application submitted by the consumer.

With regard to the relocation option, the specified choice of the consumer must be accredited by the suppliers, as well as the appropriate execution for this purpose.

Finally, companies should immediately implement telephone and/or instant or electronic messaging channels to respond adequately and in a timely manner to affected consumer inquiries, avoiding the use of automated messages, long communication latency, and entry barriers.

These channels should also be informed through the web portal and social media.