“Overbooking” é um termo da língua inglesa e que literalmente significa “excesso de reservas”. Muitas vezes interpreta-se o “overbooking” única tão somente quando a empresa aérea vende mais passagens do que os assentos disponíveis no voo. No entanto, o “overbooking” não se limita apenas a tais casos.
Conheça as causas mais frequentes da ocorrência de “overbooking”:
- Substituição não programada de aeronave: causa mais comum, ocorre quando estava programado um determinado avião para realizar os voos e por motivos, tanto técnicos quanto operacionais, houve necessidade de substituição por uma aeronave com capacidade menor. Caso o primeiro avião já estivesse com a capacidade esgotada, a companhia terá, nesta hipótese, que preterir o embarque de parte dos passageiros ou reacomodá-los em outros voos.
- Cancelamentos de voos: ocorre geralmente quando, por questões climáticas ou operacionais, um ou mais voos são cancelados. Os passageiros terão que ser reacomodados em outros voos conforme disponibilidade. Nesse caso, a empresa poderá realizar o “overbooking” para atender prioridades dos voos cancelados (idosos, lactantes e passageiros com crianças de colo), em detrimento dos demais passageiros;
- Acomodação daqueles passageiros que perderam suas conexões: Ocorre geralmente quando, em conexão, o primeiro voo atrasa e o passageiro acaba perdendo a conexão. A empresa aérea precisa acomodá-lo em outro voo que poderá estar lotado. Nesse caso, a empresa pode fazer o “overbooking” para atender passageiros em trânsito, preterindo o embarque daqueles passageiros que embarcariam no local.
- Venda de passagens acima da disponibilidade de assentos: As empresas possuem softwares que calculam o índice médio de “no show” (quando o passageiro não aparece) em determinada rota, voo e data. A partir dessa informação, vende esse percentual de assentos adicionalmente à capacidade do avião, para maximizar a ocupação do mesmo. Todavia, o problema ocorre quando as pessoas aparecem no embarque e não existem assentos disponíveis para todos, ocasionando o overbooking. Importante salientar que, mesmo sendo prática proibida no Brasil, as companhias aéreas continuam procedendo dessa forma.
- Atrasos de passageiros: Quando o passageiro se apresenta para o check in em menor tempo daquele exigido pela companhia. Nesses casos, as empresas podem acionar a lista de espera ou simplesmente preterir o embarque para atender outros clientes.
Estes incidentes podem ocorrer em qualquer parte do mundo. Todavia, aqui no Brasil, as empresas aéreas acabam não fornecendo a informação de forma clara ao consumidor.
Em tais situações, o passageiro pode (e deve) exigir o cumprimento da oferta conforme estipula o Código de Defesa do Consumidor. Na maioria das vezes, as companhias aéreas argumentam que a opção posta à disposição do passageiro é a única disponível, o que não é verdade.
Primeiro, as decisões dos Tribunais Brasileiros tem entendido que o passageiro pode exigir o imediato cumprimento da oferta, ainda que isso exija a reacomodação em voo de outra companhia aérea. Ou seja, o consumidor não é obrigado a aceitar o voo da mesma empresa se entender que é prejudicial àquilo que havia contratado. O prazo para que ocorra o embarque é de até quatro horas após a partida da aeronave para a qual tinha reserva confirmada. Caso isso não seja possível, a companhia deverá oferecer ao passageiro as seguintes opções:
- remarcação de voo para data e horário de sua conveniência;
- embarque no próximo voo da mesma empresa para o mesmo destino. Até que isso ocorra, o passageiro tem direito à toda assistencia material;
- embarque no próximo voo de outra empresa aérea, se houver disponibilidade de lugares, para o mesmo destino, através do endosso;
- reembolso integral, incluindo a tarifa de embarque e taxas;
- hospedagem e transporte do aeroporto ao local de acomodação. Caso você esteja no local de seu domicílio, a empresa poderá oferecer apenas o transporte para sua residência e desta para o aeroporto;
- conclusão da viagem por outra modalidade de transporte (ônibus, van, táxi etc), desde que em trânsito ou próximo ao aeroporto de destino.
Caso você se sinta lesado, retornando de sua viagem, guarde todos os comprovantes de embarque e formalize uma reclamação junto à companhia aérea. Anote sempre os protocolos de atendimento.
Se a companhia negar-lhe o direito de uma compensação pelo prejuízo sofrido, acione o Poder Judiciário. Os tribunais tem sido bastante sensíveis aos reclamos dos passageiros que sofreram prejuízos pela prática de overbooking.
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