what to make reservations for plane tickets and tourist packages

We have been living in a pandemic for a year. But after a been moderately “calm”, in recent weeks the alerts have been turned on due to the expansion of new strains and the rise in cases in Argentina. When it comes to traveling, we have the feeling of restart, but not as abruptly as in 2020.

This time signs and experience They were heading. Already at the end of December, flights to the UK had been suspended and there was speculation about what was to come to Brazil. Two months later, several reductions in flights and recommendations from the government not to travel abroad, suspension for flights from Brazil, Mexico and Chile, new checks for passengers – more tests, isolation in hotels from positives – and rescheduling of international flights to remote arrivals and being able to comply with protocols.

And there is probably more measurements.

In the midst of it all, the figure of the “stranded” and also the situation of someone who, perhaps excited about an early solution to the pandemic, bought a trip a few months ago, or who wanted to take advantage of a good offer or who changed flights the year last for this date, and finds himself in the situation – again – of what to do with plane tickets where are you going reserved packages, which cannot be used on the set date.

One year later

From Air Claims, a team of professionals specializing in the subject, have how the focus of his work was changing with time. For example, at the start of the pandemic, they were very focused on the consequences of flight cancellations (many due to restrictions imposed between March and September) and on the lack of response from airlines and agencies, saturated with large number of complaints.

“We are committed to re-agreement of contracts transport that could not be filled, as well as in the way to cancel them by decision of the passenger not to make the trip in the future or not to be able to do it ”, explains Marcela Kunca Magagnin, lawyer specializing in aviation law and consumer relations in charge of Aéreos complaints, and Andrea Dujovne, pre-judicial mediator and consumer relations conciliator.

And now, as they continue to work on claims related to tickets and tourist packages purchased before the start of the pandemic, claims are arising due to the inability to comply with flight reprogramming originally canceled.

“Since the start of 2021, the most recurring requests concerned restrictions inflicted on receptive countries, which complicated the situation of the passengers, since the flights were operational by the airlines, however the passengers could not travel because they did not meet the requirements demanded by the authorities of the countries of destination, or because of the precautions that ‘they had to respect with them, as the confinements in the hotels for which he is responsible, the isolations, which have distorted the travel plan ”, underline the specialists and add that in recent days most of the consultations relate to the last decisions administrative procedures regarding the suspension of flights from certain countries.

Rights and duties

What can passengers who cannot travel due to the new measures expect?

First of all, you must analyze which product we are talking about and where did you buy it. It is not the same to acquire services in the country or from a foreign provider such as Booking or Airbnb. “In this case, the sanctions previously reported are applied, but it is better to contact the company to try to change the dates,” says Diego Benítez, a lawyer specializing in tourism law, and adds specifically for those who have acquired services in Brazil: “Article 2 of Law 14046, which was promulgated in Brazil in August 2020, states that the supplier does not have to reimburse as long as he reschedules the tourist services. The passenger has a period of 120 days to request reprogramming (remarcação) at no cost. A few and 18 months to use it. “

On the other hand, if the purchase is made in the country, the law 27563, with which the passenger has the right to postpone the service contracted due to his inability to travel.

“In practice It often happens that the airline and / or the intermediary handle the rescheduling without a problem. However, in some cases an update of the value of the paid ticket is requested, which generates the complaint on the part of the tourist. In some cases, the difference is so great that the consumer decides to reimburse in order, with this money, to obtain a new ticket. According to the regulations in force, if the rescheduling occurs due to COVID-19, no difference should be paid, ”explains lawyer Santiago Aramburu, also specialized in tourism law and in front of @tipsviajerosargentina on Instagram.

Trade policies

An important point in all of this is that with the pandemic companies were changing their trade policies and they made flexible issues they were previously adamant about, such as fines for date changes. However, not all policies are created the same, so it is difficult to find a general answer.

With a little over a year of experience in managing this type of situation, Paula Cristi, Managing Director of Despegar, emphasizes that “for flights affected by the latest restrictions, almost all airlines have extended ticket validity until 2022. In addition, some allow reprogramming free of charge, provided the trip takes place before 12/15/2021. As for reimbursements, some offer it in the form of a travel credit valid for 12 months, and others in reimbursement of a canceled flight. And as an incentive to consumption, he explains that no airline charges a fine for voluntary Date change.

To get an idea of ​​what it is like to work in a travel agency today, due to changes in regulations in each country, airline schedules and epidemics, Cristi observed in November that around 70% cases of plane tickets were already resolved had to be re-handled.

And in case of come back? “In this health emergency context, the regulations stipulate a difference regarding the right to request a refund. With airlines, the return can be staggered; and in the case of intermediaries, it will depend on whether or not service providers return what has been paid to intermediaries (agencies), ”Aramburu adds.

Whether it is reprogramming or returns, contact with the company where the operation was carried out is essential.

“Although now the Ministry of Tourism authorizes agencies operate virtually -without having to do it in person- it is very important to oil the virtual communication channels ”, underlines Aramburu and explains:“ Faced with this crisis of the sector where the other party does not serve you, you do not know if the agency has closed or if they do not answer you why their communication is not smooth “

Planning tips

In Air Claims, they know that it is difficult to give general prescriptions to particular cases. But they aim to be attentive, to have common sense, not to feel pressured to accept anything and not let go, because the claims have a time to be raised.

A few Specific questions take into account:

1) If the airline offers a Well, assess the period of validity, the destination to which it applies, the conditions it offers, try to be equivalent to the ticket in exchange, in which currency it is issued and whether it is transferable to third parties.

2) If it is refund sums of money, one should assess the amount that is offered to repay is equivalent to the sums paid, and not the product of a series of discounts of unintelligible concepts that result in a ticket for which $ 100,000 has been paid to repay the sum of $ 20,000, to absorb the passenger in addition to the lower value in comparative terms of purchasing power, already in nominal terms a reduction of 80% of the ticket.

3) In a difficult context, trying to make effort-shared agreements since the conflicts resulting from this situation do not depend on any of the parties. In cases where the passenger intends to travel again, and as long as the flight has been canceled due to an external decision, it would be acceptable to agree to reschedule free of charge for a date in the same fare band. And if the passenger does not intend to travel, it would be acceptable to accept the refund through the same payment method used for the purchase.