Servicio de gestión documentaria
Representing the airline in administrative complaints from consumers
The consumer was not satisfied with the air transportation service he purchased since, due to delays in takeoff and inconveniences during the execution of the flight (unscheduled stop), he did not arrive at the agreed time. In this sense, it missed a connecting flight and incurred in unforeseen expenses.
In this case, the liability of the provider whose contracted service is affected by elements external to the flight execution is analyzed.
Demonstrate non-infringement of consumer legislation
In this case, the liability of the provider whose contracted service is affected by elements external to the flight execution is analyzed.
Latest development
Under analysis for the presentation of the disclaimers.
Monica Germany
US$. 7,462.00
Representing the airline in administrative complaints from consumers
The consumer filed a claim alleging damage to his baggage after a flight operated by the airline. In these cases the limit of liability of the airline is 1288 Special Drawing Rights whose equivalent is US$. 1,695.00 dollars.
Demonstrate non-infringement of consumer legislation
In these cases, the complainant’s statement or arguments are not enough; he must file a baggage irregularity report, stating his disagreement with the service provided and the state of delivery of the baggage.
Latest development
We were able to win the case, releasing our client from all liability.
Monica Germany
US$. 3,001.00
Representing the airline in administrative complaints from consumers
The consumer filed a complaint against the airline for allegedly failing to provide adequate service. The passenger alleges that on a flight, her daughter (a minor) suffered an accident due to sudden movements in the aircraft (turbulence).
Demonstrate non-infringement of consumer legislation
In this case it is important to highlight the means of proof, since it will be necessary to provide data or reports from the captain of the flight operated in which the accident allegedly occurred. Likewise, it will be evaluated whether or not the airline is responsible for a bad maneuver due to turbulence, since it is a climatic factor.
Latest development
INDECOPI has requested reports proving the alleged turbulence.
Monica Germany
US$. 12,553.00
Representing the airline in administrative complaints from consumers
The consumer denounced the airline for allegedly failing to comply with a settlement agreement.
Demonstrate non-infringement of consumer legislation
In our legislation, a consumer may report an alleged breach of a conciliation agreement if he considers that the supplier did not comply with the content (amount and term) of the agreement.
We succeeded in having the complaint declared inadmissible, given that in consumer protection proceedings, if the alleged infringement is remedied before charges are filed, the complaint is inadmissible, releasing the supplier from administrative liability. This ruling is important because it confirms that the provisions of the Code relating to supplier violations also include types of proceedings, such as, for example, proceedings for alleged breach of a settlement agreement.
Latest development
We were able to win the case, releasing our client from all liability.
Monica Germany
US$. 7,070.00
Representing the airline in administrative complaints from consumers
The consumer filed a complaint against the airline for not allowing him to board the contracted flight. We were able to have the complaint declared unfounded because the passenger had to comply with the corresponding documentation in order to board the flight, previously informed.
Demonstrate non-infringement of consumer legislation
The Principle of Presumption of Legality in favor of the investigated supplier must be considered, which consists of the fact that its conduct is framed within the parameters of legality and to disprove this, the consumer must prove its allegations.
Latest development
The authority ruled in favor of our client, however, the consumer filed an appeal.
Monica Germany
US$. 6,500.00
Representing the airline in administrative complaints from consumers
The consumer denounced the lack of reimbursement and the lack of attention to claims. In the procedure we were able to prove that the consumer’s claim was satisfied before the complaint was filed with INDECOPI. Therefore, the complaint is inadmissible.
Demonstrate non-infringement of consumer legislation
INDECOPI’s legislation provides provisions applicable to consumer protection procedures, which cannot be disregarded. One of them is the power to declare a complaint inadmissible when, prior to its filing, the supplier complied with the correction of an alleged infringement, thus freeing it from administrative liability.
Latest development
We were able to win the case, releasing our client from all liability.
Monica Germany
US$. 6,907.00
Representing the airline in administrative complaints from consumers
The consumer denounced the loss of a piece of luggage and the theft of some items while in the custody of the airline. He requested compensation of 3,000.00 euros. In this regard, although there was a loss of one suitcase, the other two suitcases were delivered. Consequently, if compensation is granted, it cannot be the limit established in the Montreal Convention (1,280 SDRs) since only one of them was lost, thus providing compensation of 333.33 SDRs, equivalent to US$. 439.99.
Demonstrate non-infringement of consumer legislation
The adjudicating bodies must apply the sectoral standard (Montreal Convention) according to the case and not award unreasonable compensation. A correct interpretation of the standard is to graduate the limit of liability established in case of loss of baggage and not to award the maximum amount without a prior analysis of the facts or damages alleged by the passengers.
Latest development
We achieved significant savings, since the authority only granted US$. 439.99, also avoiding a penalty with fines.
Monica Germany
US$. 4,552.00
Representing the airline in administrative complaints from consumers
The consumer denounced the delay in the delivery of 5 pieces of luggage. Indecopi granted to the complainant as a corrective measure the payment of 5,000.00 SDRs, granting without prior analysis the compensation limit established in the Montreal Convention. The case was the subject of a contentious administrative lawsuit, the conclusion of which was favorable to the client, ordering the nullity of the corrective measure.
Demonstrate non-infringement of consumer legislation
The adjudicating bodies must comply with the normative analysis appropriate to the case and apply the procedural principles of due process, legality and procedural consistency. In addition, in the present proceeding, the industry regulations must be correctly interpreted with respect to the air carrier’s limit on baggage delay established in the Montreal Convention.
Latest development
The consumer authority must issue a new pronouncement to annul the corrective measure granted, after which we will seek the refund of the amount in favor of our client.
Monica Germany
US$. 6,960.00
Joint venture structuring for global tissue business expansion. Gómez-Pinzón is advising Suzano Papel e Celulose S.A. on its potential worldwide (ex-North America) joint venture with Kimberly-Clark Corporation (KC). As one of the largest paper and cellulose producers globally, Suzano seeks to consolidate its market position through this strategic alliance. KC is carving out its tissue business outside North America to form a joint venture in which Suzano will hold approximately 51% and KC 49%. In Peru, the transaction involves transferring assets to a newly incorporated entity, requiring a tailored legal structure to ensure operational and regulatory efficiency.
Due diligence and structuring of Peruvian transaction: We have initiated due diligence for the Peruvian segment, with a key focus on determining the optimal structure for asset or business unit transfers. This analysis is critical to achieving tax, labour, and corporate efficiencies for the receiving entity. Our assessment includes identifying potential contingencies and evaluating various structuring options to ensure compliance and mitigate risks.
Strategic importance of the transaction: This acquisition is a milestone for Suzano, allowing it to strengthen its global presence in the paper and cellulose sector. The joint venture will enable direct market access in regions such as Peru, where the company previously operated only through distributors. Expanding its international footprint in the tissue market, Suzano will enhance its competitive position and establish a more integrated presence in the industry.
Latest development: Due diligence and structuring analysis for the Peruvian transaction are ongoing.
Carlo Viacava; Joanna Dawson
USD 53 billion market size. US 3.2 billion in net sales
Structuring entity liquidation in compliance with Peruvian corporate law. We are currently assisting OLX Autos—a leading car dealer in Peru—with the liquidation of a legal entity. Our role involves meticulously planning a strategy to ensure a smooth and compliant process, addressing corporate, tax, consumer, and provider obligations.
Preventing legal disputes and liabilities: We ensured that all corporate formalities were properly handled, including the dissolution of the entity, debt settlement, and asset distribution. This approach helps prevent potential legal disputes or liabilities from an improperly executed liquidation.
Maintaining client’s reputation within industry and optimising financial outcome: The case is important to OLX Autos to maintain its reputation and relationships within the industry. Additionally, our strategy includes a comprehensive tax plan to optimise the financial outcome of the liquidation process.
Latest development: We are assisting the client with this ongoing proceeding, safeguarding the interests of OLX Autos.
José Antonio Honda
Confidential