Relevant aspects of consumer protection in the sectoral guidelines for the provision of air service at the national level in the framework of actions to prevent COVID-19
Through Ministerial Resolution No. 0384-2020-MTC, published on July 10, 2020, the “Sectoral Guidelines for the Prevention of Covid-19 in the provision of passenger air transport service at the national level” were approved, whose general objective is to establish the requirements and guidelines to be implemented for the development of aeronautical operations and mitigate the spread of the Covid-19 among passengers, crew, airport personnel and the general public in the airport environment. The guidelines are applicable for commercial flights nationwide, with the exception of the urban areas of Arequipa, Ica, Junín, Huánuco, San Martín, Madre de Dios and Ancash.
Although the Guidelines apply to aerodrome operators, air operators (airlines) and specialized airport services, they contain various provisions that reflect how the person (passenger) who shall take a commercial flight must conduct themselves. Thus, some of these provisions are:
– Only people with a boarding or reservation card may enter the airport and the passenger terminal. Exceptionally, the entrance of a companion shall be allowed, when the passenger requires assistance to complete the boarding processes or for particular needs (for example: minors or people with disabilities).
– The entrance to the airport shall be three (3) hours before the scheduled flight departure time in the case of Lima; and, two (2) hours for the rest of the airports.
– Anyone entering the airport must wear a mask at all times. – Keep a distance of one meter. To this end, the aerodrome operators shall place signs or marks on the floor to identify the waiting position places to ensure the required social distance not less than one meter (for example: check-in desks, information booth, entry to the post passenger inspection, immigration controls, baggage claim belts, identification card exchange points, etc.)
– Any person entering the passenger terminal must have their temperature taken with an infrared thermometer, in addition to disinfecting their footwear.
– In order to avoid contamination and contagion, the Bureau of Finds and Lost Objects shall not be in force temporarily and the objects found shall be managed as waste. Aerodrome operators shall ensure to inform the public about this measure.
– During the flight, in addition to the mask, passengers must have a face shield (mask). In addition, air explorers shall supply them with protective gloves. The rule additionally states that airlines may have face shields that are accessible to passengers in case they do not have this personal protective equipment.
– Passengers must fill out and deliver a Health Affidavit in which the passenger indicates that they have not presented signs or respiratory symptoms compatible with Covid-19 and have not been exposed to people with the disease or with the same symptoms in the last 14 days to the trip.
– Minors under 14 years of age may only travel with a duly accredited parent or guardian and they must submit an Affidavit. – Passengers shall not be able to enjoy the food and drink supply service, as well as the provision of newspapers and magazines by the airlines.
– The boarding and disembarking process shall be by rows or blocks of rows in order to ensure a separation distance of not less than one meter between passengers and to avoid crowding in the aisle of the plane. On the other hand, it is important to mention that airlines must promote online check-in and digital boarding pass within their air operations and implement passenger acceptance processes, to reduce the number of people in waiting lines at the check-in counters and to provide incentives for passengers to carry their luggage in the hold of the aircraft. They shall also include in the transport conditions, any new provision or limitation that the passenger must know in advance of their transport.
Finally, it is worth noting that the same Guidelines provide for the possibility that they may be adjusted or supplemented by the health authority, so it is expected that this will happen when commercial flights are resumed and their effectiveness may be measured.
For more information, please contact Ximena Aramburu (xaramburu@estudiorodrigo.com) and/or Ricardo De Vettor (rdevettor@estudiorodrigo.com)
