TRAVEL AGENCIES: SAFEGUARD MEASURES PRESENTED IN BRAZIL 347 not included in MP No. 925. Therefore, once again the Ministry of Tourism, listening to the entire Brazilian tourism trade, interceded with the Federal Government and is published, on 8 April, the Provisional Measure No. 948/2020 13 , which aimed to regulate all cancellations of services, reservations and events related to tourism, due to the state of the pandemic generated by COVID-19. Accordingly, for the cancellation of services, reservations and tourism events, tourism service providers, among them travel agencies are not obliged to refund the amounts to consumers, as long as they ensure, the rule mentions: “I - the rescheduling of services, reservations and cancelled events; II - the provision of credit for use or discount in the purchase of other services, reservations and events, available from the respective companies; or III - another agreement to be formalized with the consumer.” (Art. 2). Still, as details about such conditions, the same article expressed: “§ 1.º The operations referred to in the caput will occur without additional cost, fee or fine to the consumer, provided that the request is made within ninety days, counted from the date of entry into force of this Provisional Measure. § 2.º The credit referred to in item II of the caput may be used by the consumer within twelve months, counting from the closing date of the state of public calamity recognized by Legislative Decree n.º 6, of 2020. § 3.º In the event of item I of the caput, the following will be respected: I - the seasonality and the values of the services originally contracted; and II - the period of twelve months, counted from the closing date of the state of public calamity recognized by Legislative Decree n.º 6, 2020. § 4.º In the event of an impossibility of adjustment, under the terms of items I to III of the caput, the service provider or the business company shall refund the amount received to the consumer, monetarily updated by the National Extended Consumer Price Index/IPCA-E, within twelve months, counting from the closing date of the state of public calamity recognized by Legislative Decree No. 6, 2020”. It should be noted that, therefore, the consumer must signal to service providers their willingness and option, up to 90 days from the beginning of the rule (8 April 2020), in addition to saying that the consumer credit can be used in 13 Source: http://www.planalto.gov.br/ccivil_03/_Ato2019-2022/2020/Mpv/mpv948.htm.
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