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After receiving various complaints from users and travelers, the Superintendence of Transport, with resolution 8004 of 21 October 2020, launched an administrative investigation to Avianca SA, by formulating a statement of charge, for facts relating to the alleged violation and non-fulfillment of the obligations that legally correspond to its users.
According to the inspection and surveillance body, the trial was opened because the Directorate of Investigation for the Protection of Users of the Transport Sector learned of various events thanks to petitions, complaints and complaints submitted by users, between March 24 and September 29, 2020.
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The Supertransporter indicated that 17 alleged allegations were found, the most important of which is alleged failure to transfer passengers from one destination to another by the air transport service according to the agreed terms.
Second, the entity initiated the respective investigations into the alleged violation of the right to information by not releasing flight data in Spanish and by not informing users of changes or delays in itineraries, under the terms indicated by regulations.
Since the start of the health emergency, reimbursement has been the leading cause of complaints against Avianca, with 50.5% of the total. Route changes were the second reason, with 36.87%
Various practices against travelers
Similarly, the process contemplates the alleged violation of users’ right of free choice and the violation of the right of withdrawal, since Avianca it would have included unfair terms in the terms and conditions for redeeming the coupons or coupons delivered.
“For example, by providing that these means of repayment were non-transferable or unauthorized,” adds the entity.
Fourth, the entity also initiated investigations for alleged violation of users’ right to claim reimbursement for unused trips.
Likewise, there has been evidence of an alleged reluctance by Avianca SA, repeatedly, to provide the information requested by this Superintendency, which is enshrined in law.
According to a document from the control body, of the 3,986 complaints received in the health emergency, as of March 12, 2020 and until the end of October 29, 2020, 895 complaints were received against the company, which represents 22.45 percent of the total, ranking second, below Viva Air.
According to these data, since the beginning of the health emergency reimbursement was the leading cause of user complaints against Avianca, accounting for 50.5% of the total, while the second cause was the change of itinerary, with 36.87% of the total.
And in October, the volume of complaints filed against the airline before the Supertransporte increased by 123 percent compared to September, when the gradual resumption of flights began.
The figure of 232 complaints in October is the highest of a month since that recorded in December 2019, when with the whole operation and without a pandemic, users filed 293 complaints against Avianca.
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The Superintendent of Transport, Camilo Pabón Almanza, said that although “the Superintendency is willing to accompany businessmen in the midst of the health emergency, it should also be remembered that this body has the competence to request information for the correct exercise of its functions. surveillance, inspection and control We therefore invite entrepreneurs to respond to the requests of the Superintendency in a timely and complete manner to avoid penalties.
In recent weeks, protests against the airline have raged on social media: there are many cases where flights are sold, canceled and users have to pay a fare difference greater than the cost of a new ticket to travel, which for some sources would be a way for the company to make money.
Possible penalties
According to the Supertransporte, in the event of being held responsible, Avianca SA could be fined up to 21,950 legal monthly minimum wages in effect, which is equivalent to more than 19,267 million pesos.
“There is no appeal against the decision to open the investigation and the statement of the charges. The principles of due process and the right to defense will be guaranteed and it is specified that the sanctioning procedure initiated will be carried out in accordance with the provisions of the law ”, stated the body.
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