It is indisputable that the civil aviation sector suffered - and is still suffering - from the Covid-19 pandemic, which culminated in the drastic reduction of airline flights and directly impacting the daily lives of airports and auxiliary services companies.
Faced with this scenario, the airline sector, one of the most important for a country with continental dimensions like Brazil, had to work together to obtain government aid to face this serious crisis, which was matched by the entry into force of Law 14.034/2020, published yesterday.
This law consolidates some of the emergency measures taken by Provisional Measure 925/20 and went further by addressing issues discussed a long time ago by the sector.
Among the measures and changes in the legal landscape for the civil aviation sectors, we highlight:
- Fixed and variable contributions due in 2020 for airport concession contracts can be paid by 18/12/2020, updated by the INPC;
- The federal government is prohibited from promoting economic and financial rebalancing solely as a result of the delay of such payments;
- The 12-month period for reimbursing air tickets in cash for flights canceled between 19/03/2020 and 31/12/2020, with possible contractual penalties being applied;
- If the passenger chooses to be reimbursed by receiving credits (vouchers), there will be no contractual deduction and they can purchase any products and services offered by the carrier within 18 months from their receipt;
- Resources from the National Civil Aviation Fund - FNAC may also be invested (i) in the development, expansion and restructuring of granted airports; (ii) in the cost of any expenses resulting from civil liability to third parties; (iii) as a guarantee of loans signed up to 31/12/2020 by holders of an airport concession or concession for the provision of regular and auxiliary air transport services
- The charge for the installment corresponding to the increase in international shipping rates granted by Ordinance No. 861/GM-2 will be waived on January 1, 2021;
In addition, in the legal scenario, the new law brought significant changes, which have been discussed and requested by the sector for a long time:
- The passenger who wishes to obtain a conviction from the airline for compensation for moral damages as a result of the failure to execute the transportation contract must demonstrate the actual occurrence of the loss and its extent, and the understanding of presumed moral harm is no longer applicable;
- The carrier will be exempt from liability in the event of the death or injury of the passenger, if it is proven that the fact occurred solely because of the passenger's state of health or if the accident was the result of his sole fault;
- In addition, the carrier who proves that, due to force majeure or unforeseeable circumstances, it was impossible to adopt necessary, sufficient and appropriate measures to prevent the damage, is exempt from liability for damages. This exemption does not exempt the carrier from offering material assistance to the passenger and alternatives for reimbursement, reaccommodation or re-execution of the service by another mode of transport, including when it comes to a delay and/or interruption of the flight for a period exceeding 4 (four) hours;
- Inclusion of new hypotheses for the creation of a fortuitous event or force majeure:
o Restrictions on landing or takeoff resulting from meteorological conditions imposed by an agency of the airspace control system;
o Restrictions on landing or takeoff resulting from the unavailability of airport infrastructure;
o Flight, landing, or takeoff restrictions imposed by the civil aviation authority or any other Public Administration authority;
o Decree of a pandemic or publication of government acts that prevent or restrict air transport or airport activities;
In case of questions, the Office RPZ Lawyers It has a team specialized in aviation matters, which can advise on the changes brought about by the new law.
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