Covid-19




INTERPRETATIVE GUIDELINES ON CAPE VERDE REGULATION REGARDING PASSENGER RIGHTS IN THE CONTEXT OF THE EVOLUTION OF THE SITUATION WITH THE COVID-19 PANDEMIC

The civil aviation sector was one of the most affected by the Covid-19 Pandemic, the current situation created countless uncertainties about the coming times and the need to rethink and readapt, a stressful situation for many passengers, whose transportation was interrupted, canceled, who no longer wishes to travel or who are no longer authorized to do so, due to the closure of several borders and the suspension of air operations.

As this is an unprecedented situation, the Civil Aviation Agency - AAC considers important and pertinent to clarify some rights / obligations of passengers and air carriers, in application of Decree-Law No. 35/2006 of 26 June - which establishes the passengers' rights, in case of denied boarding against their will, cancellation and delay of flights and creates the respective sanction regime, in the context of the Covid-19 Pandemic, namely with regard to cancellations and flight delays.

THE REGULATION APPLIES:

THE REGULATION DOES NOT APPLY:

RIGHT OF CHOICE - REFUND OR REFERENCE
Currently, several air carriers are offering vouchers to passengers who no longer want (or are not authorized to) travel as a result of the Covid-19 Pandemic. These vouchers can be used by passengers for another trip with the same air carrier within a period established by them.
This situation has to be distinguished from the situation where the air carrier cancels the trip and offers only a voucher instead of the choice between reimbursement and re-routing.
In the event that the air carrier proposes to the passenger a voucher / voucher, this offer cannot affect the passenger's right to choose a refund instead.
In accordance with Article 7, in case of flight cancellation and delay, the operating air carrier must provide assistance to passengers:
They must be offered the choice between:

REIMBURSEMENT:

Or

REFERRAL:

With regard to re-routing, the circumstances of the COVID-19 Pandemic limit the right to choose re-routing at the “first opportunity”, making it impossible for air carriers to re-route the passenger to the intended destination in a short period of time. In addition, it may be uncertain for some time from when re-routing is possible again.
In the current context, a refund of the ticket price or a re-routing at a later date, "at the passenger's convenience", may be preferable for the passenger.
Regarding the refund:

It is important for passengers to bear in mind that, if they choose to refund the ticket, that the refund is subject to the rules / conditions of the fare class or type of ticket purchased (if it is refundable, if you have to pay a penalty / fee for change or refund, among other rules).
Considering the conjuncture that the sector is going through and the restrictions imposed by each State, AAC recommends that there be negotiation between the parties, aiming to find a beneficial solution for both parties.

In case of doubt or request for clarification, passengers must contact the airline from which they purchased the ticket or contact AAC using the following means:

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