If you are a passenger affected by the suspension of operations of the Viva Air airline and have not received a refund or any solution, it is essential to know the legal avenues available to claim your rights and compensation.
Legal options for those affected
- Individual lawsuit for violation of consumer rights
This action is presented (virtually) before the Delegation of Jurisdictional Affairs of the Superintendency of Industry and Commerce (SIC), which, by express legal authorization, exercises jurisdictional functions. In this process, compensation is civilly claimed for damages caused by breach of contract. - Claim for contractual liability before ordinary justice
You can file a lawsuit in civil courts, claiming compliance with the contract or compensation for damages. - group action
A more efficient mechanism that groups multiple affected parties into a single process. The group action filed against Viva Air, Viva Fast Colombia S.A.S., Viva Airlines Perú SAC and Avianca (as jointly responsible) is being processed in the First Civil Circuit Court of Rionegro, under file 05615310300120230006800.
Legal framework for group action
According to Article 46 of Law 472 of 1998, group action is promoted by a group of people with uniform conditions regarding the same cause and similar individual damages. This action seeks exclusively to obtain the recognition and payment of compensation.
In accordance with Article 49 of the same law, group actions must be exercised through a lawyer, who will represent all those affected.
The philosophy of group action is based on the following benefits:
- Constitutional recognition (Article 88 of the Political Constitution).
- Greater speed and efficiency than individual demands.
- Use of common tests for all those affected, saving time and resources.
- Uniformity in the decision on rights and compensation.
Additionally, Paragraph of Article 48 allows those who did not grant power or did not carry out prior actions to be represented in the collective action without the need for individual procedures.
Claims within the class action
Among the compensation requested in the class action lawsuit are:
- Property damage: reimbursement of ticket costs and additional expenses (transport, accommodation, food).
- Non-property damage: compensation for moral damages and personal injuries resulting from interruption and neglect.
How to be part of the group of affected people
If you wish to join the collective action, contact the promoting firm by email: afectadosvivaair@paezmartin.co. You will be guided through the process.
Required documents:
- Copy of the ID on both sides.
- Reservation and electronic ticket or reservation number.
- Values paid for tickets.
- Proof of additional expenses.
- Documents that prove moral or psychological damage.
- Granting power to representative attorneys, which can be done by email without a handwritten signature, in accordance with Article 5 of Law 2213 of 2022.
