PROFECO Responds to Viva Aerobus, Volaris

The conflict between the Federal Consumers Prosecutor Office (PROFECO) and the two Mexican ultra-low-cost airlines continues. Last week, PROFECO placed suspension stamps at airport stands of Viva Aerobus and Volaris, claiming they failed to comply with carry-on luggage regulations. In response, the airlines claimed full compliance with the provisions of the Civil Law. PROFECO denied those claims via a press release.

“The airlines Viva Aerobus and Volaris do not comply with the provisions because they do not respect the right to transport carry-on luggage in all their rates. They claim to “recognize” the right, in the case of Viva Aerobus from what it calls “Viva Smart,” however it offers the rates “Zero, Light and Extra” to the market. In the case of Volaris, it offers three types of rates “Basic, Classic and Plus,” reads PROFECO’s press release.

The response also alleges that both companies are using false arguments in their offering of clean or less expensive rates. Both airlines erroneously interpret the content of the fourth paragraph of section X of article 47 Bis of the Civil Aviation Law, which was also incorrectly called the General Civil Aviation Law by Viva Aerobus and Volaris, explained PROFECO.

The prosecutor’s clarification highlights that the paragraph applies to checked luggage, not to carry-on luggage, which the Civil Aviation Law clearly distinguishes by referring to one as “luggage” and the other as “carry-on luggage.” The carry-on luggage is inherent to the service because local law considers that every passenger needs to carry a minimum set of belongings to travel, according to PROFECO.

PROFECO had penalized Viva Aerobus and Volaris with suspension stamps last week. “Suspension stamps are placed as a precautionary measure for Viva Aerobus in Puerto Vallarta and for Volaris in San Luis Potosi and Puerto Vallarta, but the sale of tickets continues so as not to affect consumers” as reported by MB. PROFECO highlighted in its most recent press release that both airlines have not been sanctioned yet.

“The actions of the airlines Viva Aerobus and Volaris constitute abusive practices and misleading advertisement, since they appear to offer supposed low-cost rates in their advertisement, which serves to “hook” consumers who consider the basic rate to be less expensive and pay additional fees for a right that they already have by law and which is inalienable, to the obvious detriment of their rights to transport carry-on luggage.”

“Curiously, the most expensive rates are Volaris and Viva Aerobus,” said PROFECO.