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Overbooking. Excess Reserves. Flight Cancellation

Posted by Karina Rosa

Overbooking, the truth is that most people don't know what that word means, so let's quickly clarify what it is "Overbooking" is nothing more than overbooking, when an airline makes the practice of selling more seats than it what is actually on the aircraft, so in these situations the consumer will board, but is prevented from having more seats available.
Imagine what a disastrous situation the consumer has paid for his reservation in advance, is prepared to leave for his appointment and is impeded by the failure in the provision of services by the airline having exceeded the sale of seats.
It happens that in these situations the consumer is not always immediately relocated to another aircraft, most of the time the consumer has to wait for long hours for another aircraft, is late for his appointments or even misses important appointments.
What are the rights of overbooked passengers?
The consumer, according to resolution 141 DA ANAC, is entitled to material assistance for maintenance, guaranteeing the satisfaction of his immediate needs, free of charge and in a manner compatible with the estimated waiting time, paying for food, accommodation (when necessary) , ease of communication and transfer between hotel and airport until the time of travel.
And it is still important to inform that the resolution also determines that:
1) re-accommodation on their own flight or that of another company or flight to be carried out on a date and time convenient for the passenger;
2) full refund, guaranteed return to the airport of origin, in case of interruption, or full refund of the amount paid for the unused section, if the trip already made is useful to the passenger;
3) performance of the service by another mode of transport.
It is important to inform the consumer that the consumer can also seek compensation in the form of moral damages, because, in most cases, the consumer ends up missing an important appointment or has his expectations frustrated in relation to the appointment, and especially when the consumer intends to boarding for health reasons.
The same is true for when the flight is cancelled, the consumer can also seek compensation for moral damages, for having gone through a situation that goes beyond mere discomfort and therefore should seek a lawyer specializing in consumer law to solve their case. .
If you have any questions about this article, I will be happy to clarify them through WhatsApp (11) 97591-7419 or email karina.rosasilva88@gmail.com
Many consumers do not want to seek justice, but it is precisely because of these consumers who do not seek their rights that airlines fail to improve the provision of their services and more and more other consumers are harmed.
Be sure to seek legal guidance and seek your rights!


Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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