Under Review in the Chamber of Deputies, Bill 396/25 Proposes Broad Changes to Air Travel Rules, Ensuring a Right of Withdrawal Within Five Days, Allowing Free Ticket Transfers, Authorizing Cost-Free Changes with Advance Notice, and Limiting Contractual Fines Imposed by Airlines
Bill 396/25, currently under review in the Chamber of Deputies, establishes new rules for the right of withdrawal, ticket transfers, flight changes, cancellations, and limits on fines, applying to domestic and international air transport contracts originating in Brazil.
Right of Withdrawal and Transfer of Ownership
Under the proposal, consumers will be able to transfer, once and at no cost, the ownership of an airline ticket. The request must be made at least 30 days before the scheduled departure date, as regulated by the National Civil Aviation Agency.
The text also guarantees the right of withdrawal within five days after the purchase confirmation. To be valid, the request must be formalized at least seven days in advance of the scheduled departure date, respecting the deadlines defined in the bill.
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Flight and Date Changes at No Cost
The proposal guarantees consumers the right to change their flight and/or travel date at no additional cost. To do so, the request must be made at least 90 days before the originally contracted departure date.
If the change results in a fare difference, the consumer will be responsible for paying the corresponding additional amount.
The text does not alter the pricing criteria of airlines but establishes the conditions for charging when there is a price variation.
Contractual Fines and Application Rules
In cases of ticket transfer or flight and date changes, contractual fines may not exceed 50% of the total amount paid for the airline ticket. The limit applies to penalties set forth in contracts between consumers and the airline.
The application of the fine must be scaled and proportional to the number of days preceding the travel date. The calculation method and percentages by advance notice will be defined in regulations to be published by the regulatory agency.
Cancellations by the Airline
When the airline changes or cancels the contracted flight for any reason, the consumer may choose from alternatives provided in the bill.
One option is changing the flight, with the possibility of modifying the origin and/or destination.
In this option, a limit of up to 200 kilometers from the originally contracted locations will be respected. No additional cost will apply, except for any applicable airport fare difference for the new route.
The other guaranteed alternative is a full refund of the amount paid for the ticket, duly adjusted, or the provision of credit of the same value, at the consumer’s free choice, without imposition by the airline.
Name Correction and Baggage Charges
The text also guarantees the correction of material errors in the air transport contract regarding the passenger’s first or last name. The request must be made at least 72 hours before the scheduled departure time, without additional charges.
Additionally, the bill regulates the charge for excess baggage.
The fee must be proportional to the weight exceeding the maximum contracted limit, with amounts clearly and accessibly disclosed in the airline’s channels, avoiding surprises at boarding.
Oversight, Sanctions, and Scope
If approved, the set of rules will apply to contracts for domestic flights operated within national territory and to contracts for international flights where the airport of origin is in Brazil.
Compliance will be monitored by consumer protection agencies and Anac.
In case of non-compliance, administrative sanctions may be applied. The bill’s author, Deputy Mersinho Lucena, states that the current norms of Anac diverge from the Consumer Defense Code, generating unnecessary litigation for the recognition of rights.
Processing and Next Steps
The proposal will be analyzed in a conclusive manner by the Commissions on Transportation and Communications, Consumer Protection, and Constitution and Justice. To become law, the text still needs to be approved by the Chamber and the Senate.
This article was prepared based on information from the Chamber Agency of News.

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