Anyone planning to take a cruise in early 2022 likely had their plans thwarted after the industry was suspended in response to advancing Covid-19 cases.
The announcement about the cancellations was made on Monday (3), and the temporary rule takes effect this Tuesday (4). This means that shipments scheduled for the coming weeks should not happen.
Vessels that were already in operation will continue their route normally.
The total suspension was announced two days after the National Health Surveillance Agency (Anvisa) recommended to the federal government the cancellation of the cruise season in Brazil. The agency based the numbers of infections with the new variant of the coronavirus.
According to the regulatory agency, since November 1, when the cruise season opened, 829 positive cases of Covid-19 have been registered among crew and passengers of Brazilian vessels.
From December 26th to January 3rd, there were 798 positive cases of the disease, a number 25 times higher than the 31 cases registered in the first 55 days of the season.
consumer law
According to the Brazilian Institute for Consumer Protection (Idec), companies must return the money to those who purchased tickets scheduled for the next few days or give a credit for the customer to use later.
Can I opt for a refund?
To CNN, the lawyer specializing in consumer protection Eduarda Silva Chaves Tosi, explains that there is no specific legislation to deal with the current situation of cruises, so the Consumer Protection Code (CDC) applies.
Article 35 of the CDC says that, if the supplier of products or services does not comply with its offer, the consumer may choose between accepting another product or providing an equivalent service, or terminating the contract, “with the right to refund any amount in advance, monetarily updated, and to damages”.
Despite being able to choose between credit or reimbursement, however, the lawyer emphasizes that the decision is subject to the penalties of the contract.
“Although companies may claim that they were not prepared, that it was an outbreak, reason for force majeure, this does not justify it, because it is the risk of the business, and reimbursement has to happen and has to be immediate. But it is worth remembering that there may be application of the fine or penalty provided for in the contract, it will not be the full refund”, he says.
Is there moral damages due to the lack of the trip?
If the passenger who felt injured wants to receive a sum for moral damage caused in the suspension of the trip, it will be necessary to go to court, advises the lawyer.
“Each case has its specificity. People are scheduled to take a vacation during this period and may not be able to reschedule the dates with their employers, but they will have to go to court if they want to receive compensation.”
Tosi points out that, before going to court, it is worth looking for the company to make sure that the company’s policy does not meet the needs of the consumer.
“It could be that the company has a more flexible and humane policy, consistent with what the customer is looking for. What can avoid the need to seek justice”, he says.
what companies say
According to Costa Cruzeiro, responsible for two Brazilian ships, the company is already offering its customer a refund or a voucher that they can use at another time. MSC has not yet responded to CNN about this question.
From the city of Rio de Janeiro alone, between January 4 and 21, 12 thousand tourists were expected to arrive. Last weekend, it docked a boat with 28 people who tested positive for Covid-19.
Of these, 9 who are residents of cities a little further away will be quarantined for 10 days in a hotel in the city. The other passengers who tested positive, who live in the capital or in nearby cities, were taken to their homes and will remain in isolation.
* Posted by Ligia Tuon
Reference: CNN Brasil
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