The 6th Civil Chamber of the Santa Catarina Court of Justice upheld the convictions of the tourism agency Submarino Viagens and the airline Gol Linhas Aéreas for moral and material damages to the couple who lost their connecting flight for international travel, due to lack of information from the companies. The anticipation of the flight was not notified to passengers, who missed a day of travel for the Honeymoon. The couple will receive R$ 10.6 thousand for moral and material damages.
The fact ended up delaying the honeymoon trip, and made the couple miss the day’s flights and the daily rate at the hotel where they would stay. They also did not have any help, either in terms of information for a quick resolution of the problem, or materially, as they had to spend the night at their own expense in the city of Florianópolis.
The airline stated that the change was duly informed to the travel agency, since the entire transaction for the purchase of air tickets was carried out by it and that it failed to communicate to its customers. The travel agency, on the other hand, claimed that the advance payment for the flight was based on a cause beyond its legal and contractual duties. He also stated that the control of the flight departure flow is the exclusive responsibility of the airline.
According to Judge Stanley da Silva Braga, rapporteur of the appeal, the passengers suffered a situation of affliction and anguish that surpassed the daily discontent, “mainly due to the fact that the trip was intended for the celebration of their Honeymoon.” Thus, it maintained the condemnation of companies to pay indemnity. The decision was unanimous (Appeal No. 0303447-88.2016.8.24.0010).
Information from the Court of Justice of Santa Catarina