If certain requirements are met, companies will not be required to reimburse consumers for services canceled due to coronavirus
The Provisional Measure nº 948 was published on Wednesday (08/04) which provides for the cancellation of services, reservations and events of the sectors of tourism and culture due to the state of public calamity recognized by Legislative Decree nº 6, 2020.
This measure applies to tourism service providers, cinemas, theaters, digital ticket sales platforms over the internet and other business companies specified in article 21 of Law No. 11,771.
The Provisional Measure determines that, in the event of cancellation of services due to the pandemic of the new coronavirus, the company will not be obliged to reimburse the amounts paid by the consumer, provided that it ensures:
Business companies should be aware that, in the event of rescheduling of services, seasonality and the value of the service originally contracted by the consumer must be maintained.
If the parties choose to make credit available to the consumer, it may be used within twelve months, counting from the closing date of the state of public calamity. Services and events can also only be rescheduled within the same period.
It is worth mentioning that such operations must be carried out without any additional cost to the consumer, and it is necessary for the consumer to make the request for this within the period of ninety days, as of the entry into force of the Provisional Measure.
Also, artists and other professionals impacted by cancellations of events that have already been contracted, will not be obliged to make an immediate refund of the amounts received, provided that the event is rescheduled within twelve months, from the closing date of the state of public calamity.
In the event of impossibility of adjustment according to the established requirements, or if the contracted service is not provided/rescheduled within the stipulated period, the Provisional Measure determines that companies, artists and other professionals must refund the amount to the consumer, monetarily updated by the IPCA-E.
Finally, the Provisional Measure provides that the consumption relations governed by it, characterize hypotheses of unforeseeable circumstances or force majeure, which is why they do not give rise to moral damages, fines or any other penalty.
The lawyers at Araújo & Policastro Advogados are available to give more details about the refund obligations to consumers for services canceled due to the coronavirus.
Click here to read Provisional Measure No. 948 in portuguese