TAP is convicted of demanding a Covid-19 test

TAP is convicted of demanding a Covid-19 test
TAP is convicted of demanding a Covid-19 test

The 4th Special Civil Court of Brasília/DF condemned the company TAP – Transportes Aéreos Portugueses S/A to indemnify, for moral and material damages, two passengers who were improperly submitted to the PCR test to detect Covid-19, before departure to Portugal.

Passengers will be compensated for improper request for PCR testing.(Image: Freepik)

The authors said that, in contact with the airline, a TAP attendant informed them that it would not be necessary to carry out the test as passengers have a vaccination certificate issued in Switzerland. However, at the time of the check-in, the authors said that they were surprised by the request to present the exam as a mandatory requirement for departure to Portugal.

Passengers also stated that they went to the place where the tests were carried out, at the airport in Guarulhos/SP, and had to pay R$ 560.00 to obtain the exams. They reported that, despite the inconvenience, the test was not required on arrival in Portugal. “It was only necessary to present the Swiss vaccination card”, they revealed.

The company, in its defense, argued that there was no unlawful conduct as it acted in good faith and provided all necessary information. He said that the link between the applicants and the call center from the company proves that the correct information was provided that it would not be necessary to present the PCR test. Finally, he stated that he is not aware of the applicants’ allegations and that there is no evidence in the file regarding the facts narrated.

In deciding the case, the judge considered the requirement to perform the PCR test – C-reactive protein for passenger boarding to be abusive, since the defendant, on her website and by telephone, informed the applicants that the presentation would not be necessary of the exam. The magistrate characterized the company’s unjustified impediment to boarding as a “crass service failure”.

In view of this conclusion, Transportes Aéreos Portugueses TAP – S/A was ordered to reimburse the plaintiffs the amount of BRL 560.00, as material damage, and to pay the applicants the amount of BRL 6 thousand, half of which for each author, for moral damages.

See the verbatim sentence.

Information: TJ/DF.

 
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