Superintendencia de Industria y Comercio

The Superintendence of Industry and Commerce (SIC via its Deputy Superintendence for Jurisdictional Affairs, reports that in less than forty-eight hours from the filing of a demand established by one of the users affected by the suspension of operations of VIVA AIR, issued the first precautionary measure against VIVA AIRLINES PERU S.A.C. SUCURSAL COLOMBIA. 

The SIC decided to take actions due to the urgent need to protect the rights and interests of hundreds of consumers who, have been affected by the decision of the airline, whose actions, according to the SIC: "...illustrate a deliberate violation of consumer rights stablished in Law 1480 of 2011 and even constitutional regulations, not only due to the effects of the unilateral and untimely decision to suspend their services, but also, in complete ignorance of their obligations and responsibilities as a provider of a service of vital importance to consumers and users…”. 

Likewise, it was noted that "on the defendant's website, the customer service channels do not offer any type of information, guide or possibility to present their requests, in contrast, they replicate in all cases the aforementioned communication without offering solutions at least appropriate to the users needs”, reasons for which urgent measures were adopted to defend users interests. 

For that reason, the SIC ordered VIVA AIR to either immediately refund the money to the affected user who paid for the tickets, or arrange for her a free transfer on a flight with another airline to cover the initially contracted air route. Decision that opens the door to all consumers whose rights have been affected.  

It should be noted that users must present a direct claim to the airline before requesting a precautionary measure from the jurisdictional office of the Superintendence.