On February 17, the deadline set by Itapemirim Transportes Aéreos to fly expired again. Procon-SP was informed of the deadline shortly after the company ceased operations, December 17, 2021, and ended up not being met.
In these two months, the company has accumulated several labor lawsuits, requests for reimbursement have not been met, flight bans and ticket sales through Anac (National Civil Aviation Agency), among other problems.
Back farther and farther
The company has sent most of its fleet of seven planes out of Brazil, leaving only two in the country. One of them, the Airbus A319, did not even fly for the company.
The company claims that these aircraft were sent for maintenance in the US because TAP M&E and Digex, which provided this type of service to Itapemirim, are no longer doing the job. At the same time, the company says that the lease contracts (a type of leasing) of the aircraft are maintained without any problems.
At the same time, UMB, the owner of four aircraft operated by Itapemirim, requested the Brazilian deregistration of three of its returned aircraft located in the United States. This week the application was submitted to the Anac (National Civil Aviation Agency).
When questioned, Itapimirim said it is “administratively mobilizing, and making the necessary adjustments in strict compliance with the rules of the National Civil Aviation Agency – Anac – in order to rescind the decision to suspend the Air Operator Certification – COA”.
Refunds Lost and Increased Transactions
In the Court of Justice in São Paulo alone, there are more than 600 lawsuits filed against the air arm of the Itapemirim group. Most of these relate to flight cancellations, moral damages, and reimbursement of tickets that were not honored.
In social networks, complaints multiply on several pages and profiles. The Itapemirim Passages Canceladas group is one of them, with dozens of complaints, since before the company’s operations were interrupted.
It was created by businessman Laís Fortunato Martins in November of last year. According to Laiss, the idea arose after experiencing problems with a flight from Fortaleza to Guarulhos, in which she said there was an improper charge on her card after she attempted to reschedule the flight, but the rescheduling was not confirmed.
His flight to Sao Paulo was changed from the first of December to the early hours of the second day, when he traveled with his two daughters. The return was scheduled for December 15, but the company rescheduled for the 20th.
The company ceased operations on December 17, choosing to pay R$2,000 to bring her family back to Ciara on another airline. “If I had known I would have all these troubles for less than 200 BRL [no valor da passagem]I would have traveled with another company,” says Laiss.
In early February, the businessman held a scheduled meeting at Procon-CE with the company, but said no one from the company showed up and ended up choosing to go to court to get the amounts spent.
In this regard, the company said in a note:
“With regard to reimbursement, the company maintains understandings with its customers, always giving priority to a friendly agreement. As for the lawsuits, the company respects the right of citizens to appeal to justice, but has concluded extrajudicial agreements. Justice, always seeks to agree to fulfill its obligations ” .
sought, Procon-SP did not respond until the completion of this report if it follows the agreement signed with the company in December.
Labor suits
Several unions across the country have filed class actions in court to ensure that the company’s employees are paid. Almost all of them deal with delays in payments and non-compliance with labor laws.
In one of them, transferred by the National Aeronautics Federation (representing pilots and flight attendants), it was ensured that one million Brazilian riyals were blocked from Itapemirim accounts for the payment of arrears and fines for repeated delays in payments and the collection of FGTS.
The Sao Paulo State Airline Workers’ Union, which covers airline workers working on the ground, filed a lawsuit in early February, also seeking to prevent the company’s assets from paying wages.
At the same time, the Association of Labor Creditors and former employees of the Itapemirim group also criticized the expenses with the airline. And these amounts, according to the association, can be spent on repaying the company’s debts with the group’s creditors.
According to a report issued by the official accompanying the judicial recovery of the group, as of November 2021, about 32.3 million R$ of the company’s money was spent on its air arm.
The company has not reported UOL Its position on labor issues.
