Please note: there is a deadline for claiming compensation for flight delays!
11 de December de 2024, às 22:26
Alcemir Junior
In order for consumers to claim compensation for flight delays in court, it is necessary to take into account the deadlines established in international conventions.
This was the STF's understanding, when analyzing art. 178 of the Federal Constitution.
According to this article, the rules and international treaties limiting the liability of passenger air carriers, especially the Warsaw and Montreal Conventions, take precedence over the Consumer Protection Code when the claim for compensation relates to material damage.
In view of this, the time limit for filing legal claims arising from international flight delays must follow the parameters of the Montreal and Warsaw Conventions, i.e. two years, and not that of the CDC, which establishes a limitation period of five years.
This was the STF's understanding, when analyzing art. 178 of the Federal Constitution.
According to this article, the rules and international treaties limiting the liability of passenger air carriers, especially the Warsaw and Montreal Conventions, take precedence over the Consumer Protection Code when the claim for compensation relates to material damage.
In view of this, the time limit for filing legal claims arising from international flight delays must follow the parameters of the Montreal and Warsaw Conventions, i.e. two years, and not that of the CDC, which establishes a limitation period of five years.
