Post by account_disabled on Jan 25, 2024 1:56:32 GMT -8
Regulating in an imperative and immediate manner the legal issues they deal with”. Based on article 734 of the Civil Code, the transportation of people necessarily includes the passenger himself and the luggage he brings with him, demonstrating that, in the Brazilian legal system, the transfer of such an instrument consists of a performance inherent to the contract. The legal impropriety of the extinction of the baggage allowance was so pressing that the Federal Public Ministry, in a public civil action, was initially successful in suspending its effects with the aim of protecting the interests and rights of consumers. Another arbitrary provision present in article 17 of the resolution corresponds to the requirement that the passenger present a declaration every time the luggage contains items that exceed the compensation limit.
Now, firstly, the consumer, as a rule, due to his Buy Phone Number List recognized technical and informational vulnerability, is not even aware of what the special right of withdrawal consists of; second, it is not normally fully capable of specifically assessing the value of the items that will be transported. The attempt to exempt the air carrier from liability in articles 32 and 34 is evident, as it provides that the mere receipt of checked baggage constitutes a presumption that it was delivered in good condition when the passenger does not protest. In the same vein, it establishes the possibility of eliminating compensation for damage caused to fragile items and requires that, in cases of baggage tampering or damage, the interested party must question the situation within seven days.
Regarding lost luggage, the refund deadlines of seven or 21 days, in the case of domestic or international flights respectively, do not mean that the consumer should not be compensated for having waited for the delivery of their belongings. It should also be noted that, in the event that the luggage is not located, paragraph 3, items I and II, of article 34, includes a rule that is harmful to the consumer, as it states that the reimbursement of expenses may be deducted from the amounts paid as final compensation. It can never be forgotten that the CDC, in article 6, section VI, protected full compensation for damages suffered as a basic consumer right.
Now, firstly, the consumer, as a rule, due to his Buy Phone Number List recognized technical and informational vulnerability, is not even aware of what the special right of withdrawal consists of; second, it is not normally fully capable of specifically assessing the value of the items that will be transported. The attempt to exempt the air carrier from liability in articles 32 and 34 is evident, as it provides that the mere receipt of checked baggage constitutes a presumption that it was delivered in good condition when the passenger does not protest. In the same vein, it establishes the possibility of eliminating compensation for damage caused to fragile items and requires that, in cases of baggage tampering or damage, the interested party must question the situation within seven days.
Regarding lost luggage, the refund deadlines of seven or 21 days, in the case of domestic or international flights respectively, do not mean that the consumer should not be compensated for having waited for the delivery of their belongings. It should also be noted that, in the event that the luggage is not located, paragraph 3, items I and II, of article 34, includes a rule that is harmful to the consumer, as it states that the reimbursement of expenses may be deducted from the amounts paid as final compensation. It can never be forgotten that the CDC, in article 6, section VI, protected full compensation for damages suffered as a basic consumer right.