Chile – Jurisdictional Update
Jurisdictional update provided by: Mackenna Irrarázabal Cuchacovich & Paz
I. MODIFICATION OF THE CHILEAN AERONAUTICAL CODE.
By means of Law 21.392, published in the Official Gazette on November 30, 2021, the Chilean Aeronautical Code was amended. The purpose of such amendments was to introduce two new sections, one related to the assignment of rights (airline ticket) and the other on retraction.
A. Endorsement or transfer of the air ticket.
The legal regulation establishes (article 131° bis of the Aeronautical Code) that the passenger may freely and free of charge transfer his right to be transported on a domestic flight, per round trip and/or return trip.
The assignment may only be made up to 24 hours prior to the flight, through the digital form that the carrier shall make available on its website. However, this procedure may be carried out in person at the airline’s offices or agencies, or at the airport counters.
A.1. Limitations.
● The assignment or endorsement may only be made between natural persons.
● The assignment is restricted to one time only for each ticket, and subsequent assignments are invalid.
● In a calendar year, the passenger may assign his right up to a maximum of two times per airline or carrier, this on the basis of one transfer per six-month period.
● The assignment may not be for profit, commercial or regular purposes.
A.2. Penalties.
Article 133 G of the Aeronautical Code provides that a fine of US$712,00 (Aprox.) to US$1.294,00 (Aprox.) will be applied to natural persons who carry out the endorsement or transfer of airline tickets in violation of the provisions of paragraph A.1. Limitations. The same fine shall be applied to assignees who transfer again, in any capacity.
The reiteration of the aforementioned conducts shall be subject to the penalty of minor imprisonment in its medium degree and a fine of US$1.358,00 (Aprox.) to US$1.941,00 (Aprox.).
B. Right of withdrawal.
Passengers shall have the right to unilaterally terminate the air transportation contract within 48 hours after the purchase of the ticket, for trips purchased at least seven days prior to the scheduled departure date and time of the flight.
Under these conditions, the contract may be canceled and passengers may receive a refund of the amount paid, without penalty.
In the event that the scheduled departure of the flight takes place in a period equal to or greater than 180 days after the purchase of the ticket, the withdrawal period may be exercised within 7 days from the date of conclusion of the contract of carriage by air. In these cases, they will also receive a full refund of the amount paid.
B.1. Procedure.
● Carriers shall have a digital form available on their website, where the passenger may expressly state his or her will to withdraw. The passenger may also withdraw in person at the airline’s offices, airport counters and authorized agencies of the carrier.
● The refund resulting from the exercise of the right of withdrawal must be reimbursed by the carrier, with or without the passenger’s request, within 10 days, through the same means used to pay for the air ticket. This period shall be extended to 30 days in the case of flights scheduled for a period equal to or greater than 180 days.
In the event that the carrier is prevented from making the reimbursement, or the payment has been made in cash, the carrier must contact the passenger within 10 days, so that he/she may indicate the means by which the reimbursement will be made. Contact must be made within a maximum period of 10 days from the date on which the trip should have been made. The reimbursement must be made within a maximum of 10 days from the date on which the passenger has provided the carrier with the information necessary for the reimbursement to be made. In case of unjustified delay, the reimbursement will be recharged by 50% in favor of the passenger, every 30 days.
● Upon expiration of the first 30-day period without reimbursement to the passenger, the passenger may demand reimbursement from the authorized agent who made the sale, or insist on the reimbursement and surcharges indicated above. The foregoing is without prejudice to the right of the authorized agent to reimburse the carrier, as the case may be.
II. MEASURES REQUIRED OF FOREIGNERS FOR ENTRY INTO CHILE
(COVID-19). A. They cannot enter Chile.
According to the Chilean Health Administration Authority, non-resident foreigners who have spent the last 14 days in at least one of the following African countries, regardless of whether they have been vaccinated, are currently not allowed to enter Chile:
– South Africa
– Zimbabwe
– Namibia
– Botswana
– Lesotho
– Eswaitini
– Mozambique
Foreigners without residence for more than 6 years who have not been vaccinated or whose vaccination has not been previously validated by the Chilean Ministry of Health will not be allowed to enter the country.
B. Requirements to enter Chile before traveling.
● Negative PCR result, whose sample taking cannot be more than 72 hours after the test has been taken. The 72 hours are counted until the departure time of the flight to Chile if entering by air.
● Affidavit for travelers coming from abroad, which must be sent electronically to the Chilean Ministry of Health with a series of required information, which must be validated by the Health Administrative Authority prior to the tourist’s entry into Chile.
● Travel medical insurance with a coverage of not less than US$30,000.00.
These documents will be required by the carrier or airline upon boarding the plane, and by the health authority upon entering Chile.
● Those who comply with the above, upon entering Chile will undergo a PCR test, and must comply with quarantine at the place (hotel) or address indicated in the affidavit, until they receive a negative test result.