An amendment to the Aeronautical Code (Law 7.565, 1986) that is now being discussed in the Brazilian Federal Senate would permit the buyer of an airline ticket to transfer ownership of the ticket up to 72 hours prior to the date of travel. Under the number PL 2.175/2022, it was introduced by Senator Mecias de Jesus (Republicans-RR).
The plan also stipulates that the personal information recorded in the company’s system at the time of ticket purchase be changed to incorporate the passenger’s personal information, according to our Brazilian media partner Aeroin.
In the bill’s filing, the senator emphasizes the “need to create legislation that contemplates the specific cancellation policies of each airline, since, despite the promise of full or partial reimbursement of the ticket, the majority of cases result in a prejudice to the passenger, who loses the money spent on the ticket.” Such policies are based on Resolution 138/2010 of the National Civil Aviation Agency (ANAC), which forbids the transfer of an airline ticket because it is in the possession of the airline.
According to the senator, the security concerns ANAC and the airlines claim prevent travelers from changing their names may be settled at the airport between check-in and boarding.
“I believe that the proposal to change the ticket change rule is likely to be operationalised by airlines without affecting flight security standards. The fact is that, today, only the airlines win, which undermines the necessary balance that must exist in the relationship with the consumer to avoid abuses. This is undoubtedly one of the reasons why airlines are among the champions of complaints at Procon about the frequent lack of respect for consumer rights,” says the MEP.
The industry frequently fights against this kind of regulation because it could lead to the development of a secondary market for the resale of tickets, which would have an impact on the economics of airlines. Airlines have very flexible fare policies that base the price of each ticket on a number of variables, one of which is the time of purchase.
Chile approved a similar law enabling ticket endorsements in November of last year, but it came with some restrictions, such as the fact that a passenger could only do it twice a year per company and up to 24 hours before the flight’s departure. However, free refunds are only available for journeys booked within the next seven days, and they may only be requested up to 48 hours after the purchase of the ticket. A similar law is in effect in Peru.