Family who had a frustrated vacation will be compensated

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After waiting 30 hours to board a flight to Bariloche, a family of Brazilians waited another 10 hours for a fuel stop. The result was almost two days of lost vacation. Judge Alexandre Freitas Câmara, from the 2nd Civil Chamber of the Court of Justice of Rio de Janeiro, maintained a sentence that condemned Aerolíneas Argentinas to pay R$6,000 for moral damages in addition to just over R$3,000 in material damages to the Brazilian company. The Chamber confirmed the decision. For the rapporteur of the case, the airline has civil liability and must compensate the family for the moral and material damages suffered. "It should be noted that the moral damage is unequivocal, and the suffering and anguish suffered by the author, who was traveling with her family, and who had her expectations of enjoying her vacation as planned, were frustrated", says the decision.

The woman who filed the lawsuit and her family New Zealand Mobile Number purchased tickets from the company to Bariloche in 2008. After checking in and checking in all her luggage, the plaintiff was informed that there would be a delay in the flight and that she and her family would be taken to a hotel in the center of Rio to wait for the flight call, which only happened 30 hours later. According to the records, the supply stop, which would take place without disembarking, lasted around 10 hours. The delays caused the family to miss almost two days of travel.



This is because the Federal Constitution ensures that "no one shall be obliged to do or refrain from doing anything except by virtue of law", and article 315 of the Brazilian Civil Code adds that debt payment must be made when due, in current currency. . To this end, the retailer must pay attention to the advertising rules set out in the Consumer Protection Code, that is: “article 5 – Basic consumer rights are (…) adequate and clear information about different products and services, with correct specification quantity, characteristics, composition, quality and price, as well as the risks they present”. Therefore, if the entrepreneur chooses not to accept the check as a form of payment, thus avoiding checks without funds, he must post clear and precise information in a visible place that this form of payment is not accepted in that establishment, thus avoiding, problems for the consumer, in addition to protecting the businessman from any future discussion on the topic.