Family loses BRL 25,000 after suspension of 123 Milhas promo package: ‘my son’s first international trip’

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With a trip scheduled for the United States, Caruaru’s family had to pay for new tickets to avoid even greater damage and filed a lawsuit in court for moral and material damages. Thamyris, José Guilherme and Paulo bought promotional packages from 123 Milhas and are suing the company for moral damages due to cancellation Reproduction/Personal archive Thamyris, Paulo and little José Guilherme, from Caruaru, have a scheduled trip to the United States in October . This will be the first international trip for Guilherme, who is one year and three months old, but the family suffered an estimated loss of R$ 25,000 after 123 Milhas announced the suspension of Promo packages valid from September to December 2023. The family purchased the promotional airline ticket package in January 2023 after researching and quoting prices. At 123 Miles, the price offered was almost half of what was quoted elsewhere. 📲 Receive news from Caruaru and the region on WhatsApp So, they bought a package worth R$ 7,336.56, with fees, and started organizing the trip, which includes an investment of R$ 4,000 in tickets to Orlando theme parks in addition to other additional expenses. Caruaru family packages were purchased at 123 Milhas Reproduction/Personal archive “Before buying, I saw several people recommending it, including several people I know and who have already traveled with these promotional packages, so I trusted it. It will be my son’s first international trip “, said Thamyris Chaves. In order not to have an even greater loss, the makeup artist said that the family had to disburse R$ 16 thousand reais in air tickets to be able to travel on the planned date. This is because, even with the company’s promise to reverse the price paid in vouchers for other purchases, correcting the amounts, it would not be enough to buy new airline tickets to the destination. “In order not to miss the trip, we had to invest in new tickets. They offered a voucher with correction for a new purchase on their website. But, when I went to budget the flight for the date we want, the value was not enough. And also if we were to cancel the trip there would be a greater loss”, explained the make-up artist. What to do in cases like this? The family decided to file a lawsuit in court for moral and material damages. Lawyer Alexsandro Bezerra explained to g1 what can be done by customers who felt aggrieved by the suspension of 123 Milhas packages: What is the first step? The first step for customers who find themselves in this situation is to file a complaint on the website Consumidor.gov.br, reporting what happened and looking for a lawyer. The consumer is not obliged to accept any type of voucher or credit, as 123 Milhas has been offering. In this case, in accordance with the Consumer Protection Code, the customer may demand, at their option, the forced fulfillment of the contract, with the issuance of tickets or the refund of the amount paid. What is the so-called “emergency guardianship”? Could it be a solution? In order for the contract to be fulfilled, the customer may appeal to the judiciary and through a lawsuit, with a request for urgent relief. The judge, granting this request, 123 Miles will be forced to comply with the contract. Remembering that even in this action, the customer may demand moral and material damages, to recover the damages caused, such as canceled hotel, paid vehicle rental. What are the company’s obligations in this situation? Does she have a deadline to meet the refund or send the promised voucher to customers? 123 Milhas is obliged, as a supplier, to comply with what was offered to its customers, this is guaranteed by law to consumers, pursuant to article 30 of the Consumer Defense Code. Thus, unlike the only option offered by 123 miles, the customer can choose between a voucher, return of amounts or forced compliance with the contract, the latter through legal action requesting urgent relief, for forced compliance with the contract and issuance of the passages. What does 123 Miles say? Travel agency 123 Milhas suspends packages and issuance of promotional tickets. Reproduction Last Friday (18), the travel agency 123 Milhas announced the suspension of packages and the issuance of tickets from its promotional line. The measure will affect trips already contracted for the “Promo” line, with flexible dates, with shipments expected from September to December 2023. “Due to the persistence of adverse market circumstances, beyond our control, the PROMO line was temporarily suspended and we will not issue tickets scheduled for departure from September to December 2023”, says a statement published on the company’s website. The company reported that it is fully refunding the amounts paid by customers. The return will be made in “vouchers plus monetary correction of 150% of the CDI, above inflation and market interest, for the purchase of any tickets, hotels and packages”.

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