Congressional Commission approved the opinion of the project that compensates air passengers

With seven votes in favor and four abstentions, the Consumer Defense Commission Congress approved the opinion of the bill that proposes to compensate users and passengers of the air Transport in case of non-compliance with the conditions of the flights.

Initiative 414-CR authored by the parliamentarian of We can Peru, Jose Luna Galvez, will seek to amend articles 122 and 125 of the Civil Aeronautics Law of Peru, as stated in the document that was presented on October 7 and presented at the working session of the commission on Tuesday, November 9.

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What does the project say?

With the modification of section 122, it is sought that, in cases of delay in the departure time of the flight, it is the passenger himself who can withdraw from it and request a refund of the total or partial price of the ticket and compensation as monetary compensation for damages and losses.

While in the amendment of statement 125 it is proposed that, at the request of the passenger, the carrier is obliged to reimburse the price of the ticket and other services paid. This can be in cash, bank transfer, check or any other mechanism of immediate execution; In addition, as long as there is a formal and signed agreement between the passenger and the carrier, the reimbursement may be made in travel vouchers or other services that will have immediate execution for the passenger.

Likewise, it is requested to change literal 125-2, of the civil aeronautical law, with which the user will have the right to immediate reimbursement by the company (national or foreign) within a maximum period of one hour if the transport is interrupted, already whether the flight is national or foreign.

But, if the carrier denies boarding against the will of the passengers, the former may request volunteers to renounce their flight reservations in exchange for benefits in favor of the renouncer; If there are no volunteers, the affected passenger may request immediate reimbursement and payment of expenses such as accommodation, food, communications, travel and other expenses.

Compensation for damages caused by the delay or cancellation of the flight by the carrier may also be requested; It is up to the passenger to provide objective evidence of the damage that has been generated.

Finally, the carrier will be obliged to inform the passenger about the cancellation of his flight with due anticipation, in addition to informing him about alternative transport. And if the carrier has objectively proven the impossibility of making the flight, it is not obliged to pay the compensation.

Observed points

During the debate on the opinion, legislator Roberto Kamiche (Free Peru) warned that, if the refund of the amount is approved, it will be impossible to execute it in one hour, since it will depend on the number of passengers affected.

For his part, the legislator of Popular Renovation Diego Bazán said that the delays are beyond the will of the airline, since they are due to factors such as weather, traffic or the capacity of the airport.