Peru: Airlines Ordered to Modify Contracts by Consumer Protection Agency
Peru’s National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi) has ordered the removal of 17 abusive contract clauses found in the air transport terms of Sky Airline Perú, Star Perú, Latam Airlines Perú, and ATSA.
These measures were taken following ex officio investigations by Consumer Protection Commission No. 3, and were upheld by the Specialized Chamber for Consumer Protection, the final administrative authority.
According to the agency, the removed clauses violated consumer rights and were publicly accessible on the airlines’ websites. As part of the corrective actions, the companies were required to update their terms and conditions, a process that has already been completed. Data from the General Directorate of Civil Aviation (DGAC) indicates that this measure benefits over eight million air passengers in 2024.
Indecopi highlighted several problematic clauses, including:
- Sky Airline’s exclusion of liability for information provided by its staff (violating Article 50.a of the Consumer Code);
- Star Perú’s penalties and refusal to issue refunds (Articles 50.a, 50.e, and 50.h);
- Latam’s unilateral modification of contract terms (Article 50.h);
ATSA’s various restrictions, such as denial of boarding at staff discretion, no guarantee of schedules, and limitations on the right to complaints or refunds (Articles 50.a, 50.e, and 50.h).
The total fines imposed on the four airlines amount to 145.55 UIT, equivalent to S/ 778,692.50 (approximately USD 213,000). Indecopi emphasized that these sanctions serve a deterrent purpose to prevent future violations affecting consumers.
The regulator urged aviation companies to regularly review their contracts to ensure compliance with current regulations. It also announced ongoing monitoring through its Inspection Directorate and office at Jorge Chávez International Airport.
Furthermore, Indecopi confirmed it will be present during the soft opening and inauguration of the new airport terminal, as part of its oversight responsibilities regarding passenger services.
Download document: Clauses deemed abusive by Indecopi and removed
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