Infrastructure and Concessions Alert - july 2026

On July 11, 2026, the Official Gazette El Peruano published Board Resolution No. 036-2026-CD-OSITRAN, which ordered the publication of the Proposed Amendments to the Regulations Governing Users of Public Transport Infrastructure (the "RUITUP").

The RUITUP is mandatory for Infrastructure Operators regulated and supervised by OSITRAN that operate public transport infrastructure ("ITUP"), including port, airport, road, railway and the Lima and Callao Mass Electric Transit System infrastructure.

Set out below are some of the most relevant provisions of the proposed amendments to the RUITUP (the "Proposed Amendments").

1. Right to Service Quality and Suitability

The Proposed Amendments expressly recognize Users’ right to receive suitable services from Infrastructure Operators. For these purposes, a service is deemed suitable when it corresponds to what the user reasonably expects and actually receives, taking into account the information provided by the Infrastructure Operator, as well as the characteristics, nature, and purpose of the service, in accordance with the applicable Concession Agreement and/or current regulations.

This right complements the existing right of Users to receive services that comply with the service levels established under the applicable regulations and concession agreements.

2. Expansion of Information Obligations and Disclosure Mechanisms for Infrastructure Operators

The Proposed Amendments expand the information obligations of Infrastructure Operators by introducing new minimum disclosure requirements, including information regarding Users’ obligations, interruptions or restrictions affecting the use of ITUP, procedures for lost property, and available customer service channels.

In addition, the Proposed Amendments establish infrastructure-specific disclosure obligations and strengthen information dissemination requirements by imposing enhanced standards for the information that must be made permanently available and easily accessible through the Infrastructure Operators’ websites.

3. Introduction of the Transfer Airport User Fee (Transfer TUUA) and Clarifications on Its Refund and Revalidation

The Proposed Amendments expressly incorporate the Transfer Unified Airport User Fee ("Transfer TUUA") applicable to connecting flights, regulating its collection, refund, and revalidation where applicable.

The Proposed Amendments also strengthen the information obligations of Infrastructure Operators regarding both the TUUA and the Transfer TUUA, requiring that users be informed of the applicable refund procedures and the circumstances under which refunds may be requested. Likewise, the revalidation rules currently applicable to the TUUA are extended to the Transfer TUUA in the event of interruptions during the boarding process.

The Proposed Amendments establish a twenty (20) business-day period, commencing on July 13, 2026, for interested parties to submit comments, observations, or suggestions. The deadline expires on August 17, 2026. Submissions may be made in person at OSITRAN’s offices, through its Virtual Filing Desk, or by email at usuarios@ositran.gob.pe