Flybondi has announced that it will file a lawsuit against the Province of Buenos Aires, seeking to nullify a fine imposed by the Provincial Directorate for the Defense of Consumer and User Rights. According to the airline, the sanction is illegitimate due to procedural irregularities and the lack of jurisdiction of the provincial agency over aeronautical matters.
To proceed with the lawsuit, the company stated in a press release that it had to pay the fine in advance, which, according to its position, violates the presumption of innocence by forcing compliance with the sanction before a final ruling is issued. Flybondi argues that the imposition of a "disproportionate and unprecedented" fine infringes on constitutional rights related to due process.
Jurisdiction Dispute Over Aeronautical Regulation
According to Flybondi, the provincial authority has no jurisdiction over aviation matters, as airline oversight falls under the National Civil Aviation Administration (ANAC), in accordance with the Aeronautics Code and its regulations. The airline cites recent rulings by Argentina’s Supreme Court and the Buenos Aires judiciary affirming this interpretation.
The company also challenges the specifics of the charges, arguing that the accusations fail to clearly outline the alleged infractions. Additionally, it contends that there was no proper analysis of the complaints, that not all grievances were formally notified, and that no evidence was provided to determine whether the cited cancellations were justified under current regulations.
In its filing, Flybondi asserts that the lawsuit will demonstrate that the provincial agency acted beyond its jurisdiction and that the administrative process was marred by multiple irregularities.
Buenos Aires Province’s Case Against Flybondi
The Province of Buenos Aires sanctioned Flybondi in late January, arguing that the airline engaged in a systematic pattern of consumer rights violations.
Authorities cited repeated infractions, including flight cancellations and reschedulings, difficulties in contacting the company for refunds or changes, and the airline’s failure to provide compensation for additional expenses resulting from cancellations, such as transportation, lodging, and travel packages.
Additionally, Flybondi was accused of failing to publish the general and specific terms and conditions of its services on its website, in violation of consumer protection regulations.
At the time, the Buenos Aires government reported that Flybondi was among the six companies with the highest number of consumer complaints in the province, with more than 2,400 grievances filed.
Flybondi’s Ongoing Operational Challenges
The ultra-low-cost carrier has been struggling to maintain its flight schedule, with dozens of cancellations and delays occurring weekly for over a year. Flybondi executives have repeatedly attributed these operational difficulties to foreign currency restrictions imposed by the national government during the administration of Alberto Fernández.
While conditions have improved under President Javier Milei, the airline is still grappling with a backlog of disruptions, despite expanding its fleet through direct acquisitions and wet-leasing agreements.
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AUTOR
Contando la aviación desde marzo del año 2000. Fundador y Managing Editor de Aviacionline.
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