Saiba os direitos do consumidor em viagens e serviços de turismo

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Senacon promove campanhas de alerta para turistas

Por Pedro Peduzzi – Repórter da Agência Brasil

Chegaram as férias. Hora de fazer as malas e viajar. E de torcer para que nada dê errado. Mas, se der, é uma boa, para o consumidor, estar a par de seus direitos, tanto na hora de pegar o avião como na hora de desfrutar de tudo que estava previsto nos pacotes turísticos.

Com o propósito de proteger consumidores no setor de turismo neste período de alta demanda, a Secretaria Nacional do Consumidor (Senacon) tem feito campanhas para reforçar “a importância de conhecer e exigir os direitos garantidos pelo Código de Defesa do Consumidor (CDC)”.

Entre os assuntos abordados estão os direitos do consumidor em caso de problemas com voos e de alterações em pacotes turísticos. Apresenta também dicas práticas para os consumidores e detalha algumas de suas atuações no sentido de conscientizá-los, em relação a canais de atendimento, fiscalizações e penalidades já aplicadas.

Voos

A Senacon lembra que viagens aéreas são suscetíveis a atrasos, cancelamentos e a situações em que a venda de assentos foi maior do que a capacidade da aeronave, o chamado overbooking.

O órgão alerta os consumidores para os direitos previstos na legislação brasileira, em especial pela Agência Nacional de Aviação Civil (Anac) e pelo Código de Defesa do Consumidor, quando se depararem com situações desse tipo.

Se o atraso for superior a 1 hora, as companhias devem oferecer meios de comunicação como telefone ou internet. Quando for superior a 2 horas, o passageiro terá direito a alimentação por meio de vouchers ou refeição.

Quando o atraso supera 4 horas, a companhia aérea deve proporcionar acomodação ou hospedagem, além de transporte até o local.

Tanto no caso de atrasos superiores a 4 horas como no de cancelamento de voos, o passageiro pode escolher entre reembolso total do valor pago; reacomodação em outro voo da mesma companhia ou de outra, sem custo adicional ou execução do serviço por outro meio de transporte.

Estão também previstas regras de transparência, com relação às situações que resultam em problemas com o voo. “As empresas são obrigadas a informar, em tempo real, a situação do voo e os motivos de qualquer problema”, diz a Senacon.

Pacotes turísticos

No caso de pacotes turísticos comprados pelos consumidores, tanto para viagens em família como em grupos, a Senacon destaca algumas proteções importantes.

Em caso de alterações feitas de forma unilateral pela empresa, a Senacon explica que “a agência de turismo não pode alterar itinerários, hospedagens ou outros serviços sem o consentimento do cliente”.

No entanto, caso isso ocorra, o consumidor tem direito a cancelar o contrato com reembolso integral ou aceitar outro pacote de igual ou superior valor, sem custos adicionais.

Se o cancelamento for a pedido do consumidor, pode haver cobrança de multas proporcionais, desde que previstas em contrato. O Código de Defesa do Consumidor, no entanto, exige que essas multas sejam razoáveis e comunicadas de forma clara.

“Se a agência não cumprir o que foi contratado, como hotel diferente do acordado, o consumidor pode exigir reparação ou até indenização por danos morais e materiais”, ressalta a Senacon.

Dicas

Entre as dicas práticas apresentadas nas campanhas da Senacon, está a de ler os contratos com atenção. “Confira todas as cláusulas antes de fechar qualquer pacote ou comprar passagens; e questione sobre multas em caso de cancelamento e garanta que tudo esteja documentado”.

A secretaria sugere também que a viagem seja planejada, que as reservas sejam antecipadas, que podem reduzir custos, além de evitar problemas com imprevistos.

Sugere também que tudo seja registrado por escrito. “Guarde comprovantes de pagamento, e-mails e mensagens trocadas com fornecedores. Esses documentos são fundamentais em caso de pedidos de reparação”.

Além de fazer campanhas de conscientização, com informativos sobre direitos e alertas sobre fraudes em compras de pacotes e passagens online, a Senacon disponibiliza a plataforma consumidor.gov.br, um canal que possibilita, aos consumidores, registrarem reclamações contra agências de viagens, companhias aéreas e hotéis.

Foto: © Tânia Rêgo/ Agência Brasil

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