Audiência de conciliação simulada, danos morais e materiais

Summary

In this conciliation hearing, Caroline Rodrigues, the claimant, and Fernanda Rezende, the representative from Dubai Airlines, discuss a dispute over a canceled flight due to the COVID-19 pandemic. Caroline describes the difficulties she faced when the flight was canceled, including having to purchase a new ticket at her own expense. The airline, represented by Jéssica, offers a proposal of a 50% cash payment and 50% in credits for future travel. After negotiation, both parties reach an agreement to settle the matter, with the final terms outlined in the official minutes of the session.

Takeaways

• 😀 The conciliator, Joyce Cunha, welcomes all participants and explains the purpose of the session, emphasizing that the conciliator's role is not to judge, but to facilitate the conflict resolution process.
• 😀 The parties involved in the case are introduced: Caroline (the claimant), Jéssica (the lawyer representing the defendant), and Fernanda (the defendant representing the Dubai Airline).
• 😀 The conciliator emphasizes the importance of impartiality and confidentiality in the process, assuring participants that nothing discussed during the session will be shared outside.
• 😀 Caroline (the claimant) shares her experience of purchasing a flight from the Dubai airline, only for it to be canceled due to the COVID-19 pandemic. She highlights the lack of support from the airline and her resulting financial struggles.
• 😀 Caroline mentions that she had to purchase a new flight with another airline at a much higher cost and is now seeking reimbursement for her expenses and assistance from the airline.
• 😀 Fernanda, representing the Dubai airline, explains that the airline was forced to cancel flights due to the COVID-19 pandemic, and like its customers, the company also suffered financially.
• 😀 Jéssica, the defendant's lawyer, clarifies that the airline is not responsible for moral damages due to a provisional measure from the government. She offers a proposal where 50% of the payment would be made in cash and the other 50% in credit with the airline.
• 😀 The conciliator asks if the claimant and her lawyer agree with the proposed payment plan, which would split the compensation into two parts: one paid within 15 days and the other as a credit with the airline.
• 😀 After some discussion, the claimant agrees to the proposal, accepting the 50% cash payment with a 15-day deadline and the remaining 50% as credit with the airline.
• 😀 The final agreement is documented in the official minutes, where both parties agree on the terms of the settlement, and the conciliator thanks everyone for their cooperation, bringing the session to a close.

Q & A

What is the role of the conciliator in this session?

The conciliator's role is to assist the parties in reaching an agreement, acting as a neutral facilitator, rather than as a judge or decision-maker.

Why was this conciliation session being held?

The session was held to resolve a dispute between the claimant and the airline regarding a canceled flight and the lack of support provided to the claimant.

What were the circumstances that led to the claimant's dispute with the airline?

The claimant's flight was canceled due to the COVID-19 pandemic, and she was not provided with assistance or compensation by the airline, leading her to incur additional costs to return home.

What kind of assistance did the claimant expect from the airline?

The claimant expected support from the airline in the form of rebooking her flight or compensating her for the expenses she incurred due to the cancellation.

What was the airline's position regarding the flight cancellations?

The airline explained that the cancellations were due to a force majeure event, specifically the COVID-19 pandemic, and that they were financially impacted, making it difficult to fully meet the claimant's demands.

What was the claimant's proposed compensation for the situation?

The claimant sought reimbursement for the expenses incurred, including the cost of a new flight and additional accommodation costs, and assistance from the airline for the inconvenience caused.

What was the airline's counteroffer regarding compensation?

The airline proposed to pay 50% of the compensation in cash, divided into three installments, and the remaining 50% as credit for future travel with the airline, valid for 18 months.

What was the claimant's response to the airline's offer?

After discussing with her lawyer, the claimant agreed to the proposal, accepting the 50% cash payment and the 50% credit for future travel, provided the cash was paid within 15 days.

What steps were taken to finalize the agreement?

The parties reached a final agreement, which was then written up in an official document (the minutes), to be signed by both parties after being read aloud to ensure that everyone was in agreement with the terms.

What legal aspect did the airline cite to justify not paying full compensation?

The airline referenced a provisional measure from August 5, 2011, which exempted them from responsibility for moral damages related to the situation, arguing that the cancellations were beyond their control due to the pandemic.