information provided in this guide, is of fundamental importance for the ..... services most frequently used by foreigners in Brazil.

information provided in this guide, is of fundamental importance for the ..... services most frequently used by foreigners in Brazil.





Dear Visitor,

Every year, Brazil is visited by many foreigners, whether on business or
for tourism. This Foreign Consumer Guide has the objective of giving
orientation as to these visitor.s rights and responsibilities in their
consumption of goods and services in our country.

This guide is based on Law no. 8.078 of September 11, 1990, known
as the Consumer Defense Code, a modern and effective juridical tool
at the consumer.s service.

defense organization based on the
information provided in this guide, is of fundamental importance for the
improvement of quality in the goods and services offered.
We wish that your stay in our country may bring you joy and result in
your returning to our country soon. In the event that you should feel
cheated, do not fail to express yourself about it. You will be helping us
to offer you better services.

José Gregori
Minister of Justice


Guia do Consumidor Estrangeiro 61


E n g l i s h
62 Contents
1. Introduction.......................................................................... 65
2. Consumer Defense Code ...................................................... 67
3. National Consumer Defense System ....................................... 68
Consumer Protection
Hygiene Surveillance
Animal and Plant Product Surveillance
Metrology, Standardization and Quality
Safety and Justice
Environmental Issues
Private Entities
4. Compensation for Damages .................................................. 70
Claims and Disputes
Supplier.s Liability
Courses of Action Available to Consumers
Deadlines
Right to Cancellation
5. How and Where to Complain ................................................ 73
Contact the supplier
Appeal to a consumer protection organization
How to complain
6. Access to Justice ................................................................... 76
7. Lodging, Catering and Transportation Services ........................ 77
Current Regulations
Hotels
Restaurants
Transportation
Services..................................................................................... 87
1. List of Consumer Defense Organizations
2. National Legal Metrology Network
3. List of Tourism Organizations
4. Consumer Associations
Guia do Consumidor Estrangeiro 63
E n g l i s h
Introduction
This guide was prepared and distributed by the brazilian
Government as part of its current Brazilian Quality and
Productivity Program (PBQP).
One of the strategic project is included in the PBQP is the Consumer
and End-User Education and Awareness Raising project which aims at
«providing consumers and end-users with the knowledge and tools
required for informed decision-making as far as goods and services
are concerned, making them aware of their rights and
responsibilities, and establishing communication channels between
citizens in general and public services providers».
This project has been developed by a committee of both public and
private entities involved in consumer education under the supervision of
the Brazilian Institute for Metrology, Standardization and Industrial
Quality (INMETRO). This committee is in charge of putting in place a
series of actions, including the preparation of this guide, as part of the
continuous endeavor to improve Brazil.s reputation abroad.
The main aim of the Foreign Consumer Guide is to provide guidance
to foreign consumers, who happen to be in Brazil for a certain period
of time, on their rights and responsibilities as far as consumer relations
are concerned, always ., pursuant to legal regulations applicable.
The main emphasis of this guide is to present the Consumer Defense
Code, especially with respect to basic rights. The Brazilian Consumer
Defense System and compensation for damages are also discussed.
Enclosed is a transcription of the current laws applicable to goods and
services normally purchased by foreigner consumers while in Brazil,
like lodging and transportation. A list of addresses of all members
of the Brazilian Consumer Defense System is available towards
the end of this publication.
Guia do Consumidor Estrangeiro 65
E n g l i s h
1.
The Foreign Consumer Guide will be used by service providers and
consumer defense and guidance organizations, and will be available
for consultation by users at airports, hotels, bus and train stations,
travel agencies, embassies and consulates.
The interaction between foreign consumers and consumer defense
organizations based on the information provided in this guide is of
fundamental importance. Consumers should look for assistance
whenever they are unsatisfied. This will ensure both that their rights are
not violated and that a contribution is made towards the improvement
of the quality of goods and services provided in the Brazilian market.
This is the third edition. Future editions will be updated and modified
according to legal regulations applicable, mistakes will be corrected
and new instructions introduced. Therefore, it is important to establish a
constant flow of information between users and the organizations in
charge of this publication. Criticisms or suggestions should be
addressed to:
PROCON PARANÁ
Coordenadoria Estadual de Proteção e Defesa do Consumidor
Rua Francisco Torres, 206 . Curitiba/PR . CEP: 80060-130
Tel.: (0XX41) 362-1512 . Fax: (0XX41) 264-5958
www.pr.gov.br/proconpr
proconpr@pr.gov.br
66 Guia do Consumidor Estrangeiro
Consumer Defense Code
T he Brazilian Constitution provides that it is the State.s duty to
ensure consumer defense. As a consequence, Law 8.078/90 .
Consumer Defense Code . was enacted in March 1991 to
govern consumer protection, among other issues. The Code recognizes
that consumers are extremely vulnerable under market conditions and
tries to ensure that the government will protect consumers effectively.
Two relevant points on consumer protection and defense are included
in the Guide. First, consumer defense is systematized to allow for
proper and expeditious compensation by competent organizations.
Second, the Code acts preventively by providing consumers with
the necessary guidance and information so that they may be
adequately protected.
The Consumer Defende Code (CDC) provides a list of basic
rights. Some other potentially problematic areas are also described
in the Code.
According to Article 6, consumers are entitled to:
. life and health protection;
. consumer education;
. choice of goods and services;
. information;
. protection against misleading or abusive advertisements;
. contractual guarantees;
. compensation;
. access to justice;
. facilitated defense of their rights;
. good quality public services.
Among the objectives of the National Policy for Consumer Relations in
Brazil, Article 4 of the Code, providing for the protection of
consumers. health.
Guia do Consumidor Estrangeiro 67
E n g l i s h
2.
National Consumer
Defense System
T he Consumer Protection and Defense Authority (DPDC), a
division of the Ministry of Justice, is in charge of coordinating
the national consumer protection policies all over the country.
These policies are enforced by a number of public entities, at federal,
state or local level, which supervise and control the production,
distribution and advertising of goods and services, with the assistance
of private consumer associations. All these organizations are members
of the National Consumer Defense System (SNDC). Below is a list of
SNDC.s main attributions and responsibilities:
CONSUMER PROTECTION
Providing guidance to consumers and analyzing their inquires, complaints,
and suggestions, are attributions of the DPDC at federal level and of the
PROCONS and similar organizations at the state and local level.
HYGIENE SURVEILLANCE
This activity is coordinated by the Ministry of Health through its federal,
state and local divisions whose main attribution is the surveillance of
hospitals, clinics, drugstores and pharmacies. These same agencies
also supervise the production and commercialization of food and
pharmaceuticals.
ANIMAL AND PLANT PRODUCT SURVEILLANCE
This activity is coordinated by the Minstry of Agriculture whose main
attribution, in this respect, is the surveillance of the quality of beverage
and vinegarlike products, animal products, and produce in general. The
State Secretariats of Agriculture are in charge of supervising the quality,
storage, distribution, packaging, production and commercialization of
68 Guia do Consumidor Estrangeiro
3.
both plant and animal products. Additionally, they control the use of
pesticides.
METROLOGY, STANDARDIZATION AND QUALITY
The Brazilian Institute for Metrology, Standardization and Quality
(INMETRO) is the central executive office of the National Metrology,
Standardization and Industrial Quality System whose attribution is to
enforce standardization, certification, and legal, scientific and industrial
metrology policies.
At state level, the INMETRO delegates responsibilities to the Weight
and Measurement Institutes which work with the calibration of
measurement instruments and surveillance of premeasured products,
textiles, products subject to compulsory certification and vehicles used
in the transportation of hazardous materials.
SAFETY AND JUSTICE
Apart from regular legal services, consumers can also count on special
courts with competence to settle disputes over ownership rights,
provided that the compensation claimed does not exceed 40 minimum
wages. In the case of amounts below 20 minimum wages, the
assistance of a lawyer is not required.
The Public Prosecution Offices linked to the Office of the Public Interest
Attorney are responsible for ensuring the compliance with
consumer protection regulations. These institutions act at the level of
community issues involving social interests.
There are specialized police departments in many states that fight
crimes against consumers.
There are specialized police departments in some states that provide
assistance to foreigners.
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E n g l i s h
ENVIRONMENTAL ISSUES
The Ministry for Environment is in charge of promoting sustainable
development. The state and local secretariats for environmental issues
work with production surveillance, as well
as with programs concerning the disposal of solid waste and selective
garbage collection, among others.
PRIVATE ENTITIES
Consumer associations, which are also members of the SNDC, are the
most advanced form of consumer rights promotion. There are many
consumer associations in Brazil.
Compensation for
Damages
COMPLAINTS AND DISPUTES
Consumer rights resulting from either contractual provisions or
legal regulations applicable are challenged when suppliers do
not perform their obligations.
Referring a complaint to the supplier or to public or private entities, or
taking a case to court are courses of action available to consumers to
settle disputes and protect their rights.
SUPPLIER.S LIABILITY
The Consumer Defense Code (CDC) distinguishes between two types
of liability: on the one hand are defective quality or inaccurate quantily
of goods or services; and on the other the damage caused to
consumers, the so-called consumer accidents.
70 Guia do Consumidor Estrangeiro
4.
Suppliers of products and services are joint and severally liable for
defective quality or inaccurate quantity of goods or services, and for
any eventual damage caused to consumers.
Defective quality or inaccurate quantity
Consumers can refer their claims to any of the members of the supply
chain listed below whenever a product is defective or its quantity is not
accurate:
. seller;
. manufacturer or producer;
. builder;
. importer.
Consumer accidents
Article 12 of the CDC provides that suppliers of goods or services are
liable for injuries to consumers or for risks to their safety. These
injuries or risks caused by faulty products or services are known as
consumer accidents.
Regardless of malice, the supplier is in these cases liable for all
damage caused to the consumer by the product or service supplied, or
by
the lack of sufficient and effective information on how to use the
product or service and associated risks.
The following will be liable whenever a product or service is the
cause of an accident:
. manufacturer or producer;
. constructor;
. importer;
. service provider.
The seller will become liable, if it is impossible to identify the
manufacturer, producer, builder or importer.
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E n g l i s h
COURSES OF ACTION AVAILABLE TO THE CONSUMER
According to Article 20 of the CDC, it a service is unsatisfactory, the
consumer is entitled to:
. request that the service is provided again at no additional cost;
. get a discount; or
. a refund of the total amount paid for the service plus any indexation
applicable.
Whenever a product is defective, the supplier must remedy the defect
within thirty days. If, even then, the defect persists or recurs,
consumers may, at their sole discretion and according to Article
18 of the CDC choose to:
. exchange the product; or
. get a discount; or
. get a refund of the total amount paid for the service plus any
indexation applicable.
According to Article 19 of the CDC, if the quantity of a product is
inaccurate, the consumer may choose to:
. exchange the product; or
. get a discount; or
. demand an additional quantity of the product to match the
information on the label or the quantity originally requested by the
consumer; or
. get a refund of the total amount paid for the service plus any
indexation applicable.
DEADLINES
According to Article 26 of the CDC, the deadlines for consumers to
make complaints concerning easily identifiable defects in products or
services are as follows:
72 Guia do Consumidor Estrangeiro
. 30 (thirty) days for non-durable goods or services;
. 90 (ninety) days for durable goods or services.
The computation of these deadlines starts when the product is
received or the service completed.
If defects are neither evident, nor easily identifiable, the computation
of the deadlines above starts when the defect is detected.
RIGHT TO CANCELLATION
The Consumer Defense Code provides for the consumer.s right to
cancellation. This right may be exercised when a product is
purchased or a service contracted outside a business address, i.e.
telephone or mail ordering, and door-to-door sales among others.
According to Article 49 of the CDC, the consumer has the right to
withdraw from the agreement to purchase a product or service within
seven days from the date when the respective contract was executed or
the product or service was delivered.
If consumers change their minds as described above, they are entitled
to return the product or cancel the service and receive a refund for the
amount paid plus any indexation applicable.
How and Where to
Complain
Before seeking the help of a public organization, try to solve
your problem directly with the supplier of the product or service,
stating your claims very clearly.
Whenever possible, make your complaint personally or in writing and
keep some documentary evidence with you, i.e. file stamped receipt,
Guia do Consumidor Estrangeiro 73
E n g l i s h
5.
complaint code, etc. Always make a note of the name and
position of the person to whom the complaint was submitted.
Many companies already offer Consumer Serviços (SAC) to receive
complains. The relevant telephone number is normally found on
the labels of products.
Provide documents . invoice, purchase order, warranty certificate,
contract, payment receipt . together with any other information which
may be relevant to solve the problem. Immediate steps must be taken,
if the complaint refers to an essential product or service or poses a
risk to the consumers. health or safety.
APPEL TO A CONSUMER PROTECTION ORGANIZATION
If a satisfactory solution is not reached, consumers may seek redress
with a public consumer protection organization; usually the PROCON,
at any of the capital cities or several municipalities. These
organizations deal with administrative affairs and try to settle disputes
over goods or services by helping consumers and suppliers to
reach an agreement.
If you make your complaint to any of these public organizations, make
sure that you are properly informed about their administrative
processes and deadlines. Deadlines may vary depending on their
internal structure, administrative processes adopted, and level of
complexity of the dispute in question. If the proceedings are likely to
take longer than your stay in the country, check whether the
administrative processes may be expedited. If not, check which steps
must be taken to ensure the continuity of your process.
Not all organizations are prepared to offer bilingual assistance, so it
may be necessary to hire an interpreter.
Public consumer protection organizations provide assistance with
reference to consumer disputes in the following areas:
Food
. lack of cleanliness;
74 Guia do Consumidor Estrangeiro
. expired or stale products, absence of «good before» markings,
missing registrations or composition;
. matched sales (sales of one product only in combination with another);
. failure to deliver goods or provide a receipt;
. packaging problems;
. fraud referring to weight, quantity or volume.
Health
. unsatisfactory assistance;
. health insurance services;
. bad services or missing produtcs at drugstores or pharmacies;
. pharmaceuticals.
Products
. poor quality or unsafe products;
. delivery problems;
. shortage of spare parts;
. packaging problems;
. inaccurate instructions for use;
. misleading advertisement or sales.
Services
. problems in the quality of and payment for services;
. misleading advertising;
. refusal to provide a receipt for payments made.
Housing
. problems with residential rental contracts, and sales of land,
buildings and construction.
Financial issues
. problems with credit cards, financing, banks, prizes, buyers. clubs.
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E n g l i s h
HOW TO APPEAL
. these organizations normally provide telephone instructions.
Consumers must appear personally (see addresses on page 87) to
file a complaints.
. Say your name. Anonymous complaints are disregarded;
. have available all the relevant information which may be required in
your case, i.e. supplier.s name, address and telephone number,
receipt, purchase order, contract, and details about the goods or
services to which the complaint refers;
. keep the originals of all the documents concerning the product or
service in question.
Access to Justice
According to Article 81 of the CDC, a case may be taken to
court either by an individual, or a group of individuals, if all
suffered the same damage.
In case of group damage, consumer protection organizations, the
Office of the Public Interest Attorney, or the consumer associations may
start a legal action in their own name to defend the victims of the damage.
In case of individual damage, consumers should look for free legal
aid, if they cannot afford to pay or, alternatively, hire a lawyer at
their own discretion.
If the compensation for the damage does not exceed 40 minimum
wages, consumer.s may seek redress at the Small Claims Court.
Otherwise, they should appeal through the regular legal channels.
The Consumer Defense Code provides for many ways to facilitate
consumers. defense and ensure that their rights are observed in the legal
courts. One possibility is the inversion of the burden of proof according
to Article 6, item VIII, and Article 38 of the Consumer Defense Code.
76 Guia do Consumidor Estrangeiro
6.
What does inversion of the burden of proof mean?
Normally, the burden of proof is on the person who starts a legal
action. As the legal action proceeds, this person will always be required
to provide evidence of the damage caused. This may include
documents, photographs, witnesses, etc.
According to the Consumer Defense Code, this obligation may be
reverted at the Judge.s discretion. This means that the burden of proof
will be on the supplier of the product or provider of the service which is
the object of the legal action, not on the person who started the action.
Lodging, Catering and
Transportation Services
CURRENT REGULATIONS
This chapter contains a summary of the regulations applicable to
services most frequently used by foreigners in Brazil. Some
common practices observed in Brazil with reference to these
services are mentioned and some recommendations are made as an
attempt to improve consumer relations.
HOTELS
Services provided by hotels and guest houses, travel agencies,
transportation companies, organizers of congresses or other events,
and tour guides are subject to regulations and to surveillance by the
Brazilian Tourism Institute (EMBRATUR) which is prepared to
provide assistance relating to these issues through state tourism entities
(see addresses on page 96).
Tariffs
Hotel tariffs with clear mention to check-in and check-out times for
each 24-hour period must be published at the lobby of hotels, guest
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E n g l i s h
7.
houses and similar establishments.
(CDC, Article 6, item III, and Article 31)
Hotels and similar establishments must keep a list of all prices of
products sold and services offered, the in-room fridge included, in
every room, apartment or suite.
(CDC, Article 6, item III, and Article 31)
Cancellation of reservations
If you appear at your hotel on the date for which your reservation
was made in advance and the conditions offered are not met, or if the
facilities are inadequate, you may demand that the initial offer is
respected, accept an equivalent service or product, or cancel your
reservation without prejudice to your right to receive a refund plus
compensation.
(CDC, Article 35, items I, II and III)
If, for any reason, you will not be able to appear at your hotel on the
prebooked date, it is advisable to cancel your reservation as early
as possible, because it is a practice at many hotels to charge a
fine in these cases.
Lost or damaged baggage
The hotel is liable for the loss in these cases, but you should be
able to prove that your baggage was at the hotel, either through
witnesses or producing some written evidence. Money, jewelry and
other valuables must be kept at the hotel safe, and the respective
receipt should be duly filled-in. If the hotel is robbed and your
belongings stolen, you should file a complaint at the police office.
(CDC, Article 14)
Liability
The hotel, guest house or similar establishment, even if not officially
filed as a business under these categories, is liable for all material or
78 Guia do Consumidor Estrangeiro
moral domage suffered by consumers inside their premises as a
result of lack of proper maintenance or maladministration. In these
cases, compesation includes medical expenses, hospital fees and burial
costs, if the case may be.
(CDC, Article 6, item I, and Article 14)
RESTAURANTS
Menu
Bars, restaurants and snack bars, hotels . and other food handlers
should mention on the menu, apart from all goods and services
offered, their prices and all eventual incidentals consumers may be
charged for (hors d.oeuvres, cover charge, tips, etc). The menu should
also state that the hors d.oeuvres is optional.
(CDC, Article 6, item III, and Article 31)
Food handlers are only allowed to collect cover charges, if they
have a regular contract with musicians or other entertainers providing
that, for every four hours of operation, there will be at least sixty
minutes of either continuous or intermittente performances.
The price charged and days of performance must be clearly spelled
out on the menu.
(CDC, Article 6, item III, and Article 31)
Tips
It is common practice for some establishments to add 10% on top
of the bill as a tip and this amount is normally paid by the consumer.
There are no legal provisions allowing for this parctice, so
consumers may refuse to pay. In some cases, however, the business
may argue that a provision is made for this charge
in the respective Collective Labor Agreement. Even then,
consumers may refuse to pay, because it is the owners.
responsibility to comply with the agreement without passing this
responsibility to any third party.
(CDC, Article 51, item III)
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E n g l i s h
TRANSPORTATION
AIRLINES
In Brazil, the Civil Aviation Department (DAC) is in charge of
regulations applicable to and surveillance of airlines as provided in the
Brazilian Aeronautical Code . Law 7.565 of 19 December 1986.
The DAC receives complaints and suggestions made by airline users
through forms available at the Civil Aviation Sections (SACs) at any airport.
Check-in time
In order to avoid problems, passengers should check-in at the airport
30 minutes before the scheduled departure of domestic flights, or one
hour before international flights. Allow one extra hour to
check-in during the peak season.
(Directive 957/89 . GM, Article 89, a, b)
Reconfirmation
Passengers are advised to reconfirm reservations (which can be
done by telephone) for their return trip at least 72 hours before their
scheduled departure, or immediately upon arrival if their stay is
planned for less than 72 hours. Make a note of your reservation code
and the attendant.s name. Otherwise, you reservation may be
cancelled and a passenger on the waiting list may take your seat.
Overbooking
Overbooking is a practice usualy adopted by airlines all over the
world when they book more passengers than the number of seats
available on an airplane. When passengers with confirmed reservations
appear for check-in punctually, but are unable to board, they are
suffering the consequences of overbooking.
In this case, the carrier is obliged to include the passenger in the first
flight scheduled to leave for the same destination, flying the same
80 Guia do Consumidor Estrangeiro
or any other airline, within four hours at most. The carrier will bear all
meal, transportation and communications costs incurred by the
passenger in this respect. If passengers are forced to stay overnight
at any place other than their place of residence, the carrier
must pay for accommodation costs as well. Passenger may choose,
at their own discretion, to have their tickets endorsed or refunded.
(CDC, Article 6, item IV, and Articles 20 and 35; Law 7.565/86, Article
302, item III, line p, and Directive 957/89 . GM, Article 11)
The consumer has the right for a compensation paid by the company.
Route extension and number of hours for passenger
reaccommodation will define its value.
Delays
Flight interruptions or delays at any stopover for longer than four hours,
regardless of the reason, shall entitle passengers to either a ticket
endorsement or an immediate refund of the amount paid for the ticket,
depending on payment conditions. In these cases, all costs incurred
by the consumer with accommodation, meals and transportation, as a
result of said interruption or delay, will be paid by the carrier.
(CDC, Article 6, item IV, Articles 20 and 35; Law 7.565/86, Articles
230 and 231; Directive 957/89 . GM, Articles 12 and 18)
Lost tickets
Passengers should report missing tickets to the issuing airline, file a
report on the loss, and request that a second copy is issued.
If the ticket is mutilated in any way, the airline must replace it for
another with the same expiry date.
Baggage allowance
Passengers are entitled to carry 30 kilos if travelling first class, and
20 kilos in the other classes. The same applies to children aged
up to 12 who pay only 50% of the normal fare. If this limit is exceeded,
the carrier is entitled to charge 1% of the basic tariff per kilo, and
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E n g l i s h
fractions thereof exceeding half a kilo may be rounded upward.
Regional airlines may charge 1% or 2% per excess kilo of baggage
depending on the type of airplane. Passengers may choose to pay for
the excess baggage at the airport of departure or destination, if the
latter is their place of residence.
(Directive 957/89 . GM, Article 24, para. 1)
Contact the carrier.s officers and file a complaint, if any baggage or
belonging is missing upon arrival. To this end, you must present
your baggage check (normally a sticker on your ticket) and fill in the
relevant form. Although legal provisions applicable provide for 90
(ninety) days for this type of complaint to be made, it is advisable to
check with the carrier.s officers about deadlines for investigating the
missing item and paying the respective compensation, if the case may
be.
(CDC, Article 6, item VI, Article 20, item II, and Article 26, item II)
Apart from compensation for all material damage, Brazilian laws also
provide for compensation for moral damage resulting from the
loss of or damage to belongings with some sort of sentimental value.
Compensations may also refer to personal injuries. In these cases, the
CDC prevails once again and the supplier of the service in question
must fully compensate the passenger for the relevant damages.
(CDC, Article 6, item VI, and Article 14)
For your guarantee, you may declare all valuables or goods in your
baggage. In these cases, the airline must compensate the passenger
for the actual costs. This amount may be higher than the
US$20.00/kilo limit stipulated at the Warsaw Convention. If you
appeal through
the legal channels and provide evidence of the moral damage
suffered or of the damage caused to your property, you may
get higher compensation than set forth at the Warsaw Convention.
Whenever a baggage declaration is filled-in, the passenger is subject
to paying na additional tax upon dispatch fixed according to DAC
regulations.
(CDC, Article 6, item VI, and Article 14; Directive 957/89 . GM,
Article 23, para. 1 and 2)
82 Guia do Consumidor Estrangeiro
In case of damage, you should collect your baggage from the
carousel and notify any irregularity to the carrier. A three-copy report
will be filed and one of the counterparts kept with the passenger. The
carrier will investigate the matter and will be liable for the payment of
compensation or repair according to legal regulations applicable.
(CDC, Article 20; Law 7.565/86; Articles 260)
Liability
In case of occident during the flight or while getting on or of the plane,
the carrier will be liable for all personal injuries suffered by passengers
(including those travelling free of charge), unless the injury is caused by
consumers themselves or is due to their physical condition (e.g. a
sudden heart attack under normal circumstances).
(CDC, Article 6, item I, and Article 14; Law 7.565/86, Article 256)
ROAD TRANSPORTATION OF PASSENGERS
In Brazil, the National Highway Authority (DNER) is in charge of
inspecting both interstate and international road transportation services
offered to passengers.
Within each state, the State Highway Authority (DER) is in charge of
inspecting road transportation services offered to passengers between
municipalities within the state.
Cancellation of trip
Passengers are entitled to cancel a trip and the carrier will return their
money or schedule the journey for some other date and time, provided
that they notify the fact to the carrier at least 3 hours before the
scheduled departure time.
(MT, Complementary Norm 7/98, Article 8)
Baggage allowance
At the interstate and international journeys, passengers may carry baggage
both in the baggage compartment and on the baggage rack inside
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E n g l i s h
the bus at no additional charge, provided that weight limits are
observed, i.e. two volumes of up to thirty kilos each in the baggage
compartment and five kilos in the baggage rack inside the bus. The latter
must be in sizes compatible with the comfort and safety of passengers.
(Decree 952/93, Article 65, items I and II)
If the limits above are exceeded, passengers must pay up to 0.5%
(naught five percent) of the corresponding fare per excess kilo.
(Decree 952/93, Article 65, sole paragraph)
Passengers must notify the carrier at the end of the journey whenever a
baggage item is missing or damaged. The company will compensate
the passenger within 30 days, provided that the passenger produces
the baggage check. This compensation will be in accordance with
the damage suffered by the passenger, not in accordance with any
previously established limit.
(CDC, Article 6, item VI, and Article 20, items II and III; Decree 952/93,
Article 69, para. 1 and 2)
Overbooking on buses
If you are travelling by bus and bought you ticket in advance for a
numbered seat, but are unable to board, you may request the carrier to
provide you with alternative transportation. If a proper solution is not
reached, the passenger is entitled to taking legal action to get
compensation from the seller of the ticket on grounds of moral damage.
(CDC, Article 6, item VI, and Article 20, item II)
Liability
Bus companies are liable for providing prompt and adequate
assistance to passengers in case of an accident.
(CDC, Article 14; Decree 952/93, Article 32, item XV)
If compensation is sought, it is advisable to attach a copy of the
corresponding Complaint Report. According to the DNER, bus
companies must have coverage against civil liability and must advise
passengers to make an optional insurance to cover personal
84 Guia do Consumidor Estrangeiro
accidents. The optional insurance supplements the compulsory
insurance without releasing the supplier from fully compensating
passengers for damage offecting their health (medical expenses) or
property, or for moral damage.
(CDC, Article 6, item VI, Articles 14 and 20; Decree 952/93,
Article 24, item XV)
CAR RENTAL
Anytime you wish to rent a car for travelling in Brazil, make sure
previously if you have the credit card requested as a guarantee by the
rental company.
When renting a car do not sign any blank invoice, bill or receipt.
If the company demands so, rent car and report the fact
immediately to a consumer defense organization.
Extra expenses . optional insurance, taxes and fuel . should de
paid at the place where you return the car. This payment is in cash,
traveller.s check or internacional credit card.
Rental companies usually ask for a full gas thank when returning the
car. Reserve in advance the car you want. Inform the rental company
about the car type, model, year and equipment of your preference.
Check the car carefully when you receive it and if you notice any defect
ask for a change.
If during the journey the car or any equipment is stolen, inform the
rental company. In case or mechanical problems, contact the company
and ask for a substitution.
TAXI
Taxi services are subject to regulations published by the municipalities
which provide concessions for the operation of this type of service.
The National Traffic Council (CONTRAN) demands that all
vehicles comply with safety standards and have all proper
documentation in place.
Guia do Consumidor Estrangeiro 85
E n g l i s h
In all municipalities whit over 100,000 inhabitants, a taximeter
must be installed to measure the distance traveled. The fare
to be paid cannot be fixed in advance.
Municipalities are in charge or supervising these services. State
Institutes of Weight and Measures are in charge of inspecting and
calibrating the taximeters.
86 Guia do Consumidor Estrangeiro



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