Post by account_disabled on Mar 12, 2024 4:14:24 GMT -5
As it goes against the rules of the TAM Fidelidade and Multiplus Fidelidade programs on its website, the Hotmilhas website must stop trading points, stop selling tickets for the airline Latam and remove the company's name from the page. The decision, published this Thursday (11/19), is from the 33rd Civil Court of Belo Horizonte.
reproduction
Site Site cannot negotiate Latam loyalty program points
For judge Pedro Câmara Raposo-Lopes, the sale of points or "miles" outside the loyalty program administered by Latam goes against the rules of the system and its reason for being, which is the formation of a group of captive and regular consumers.
However, the judge denied the Portugal Mobile Number List airline's request to force the defendant to provide the data of participants in its loyalty program who sold points to Hotmilhas, as "there is no rule that supports such a request".
He also understood that there was no off-balance sheet damage that could be compensated, as the website's actions did not cause credit damage or defamation to the name of Latam and its loyalty program. "Particularly because there was no proof of improper use of the brand. The simple mention of the authors' name does not equate to the effective use of the brand by an unauthorized third party", stated Raposo-Lopes.
It also did not accept the request for the company to be ordered to compensate for lost profits "and any other damages to the plaintiffs that are determined in settlement of the judgment".
"The tickets that were issued by TAM Linhas Aéreas based on the "miles" accumulated by users would be issued anyway, unless they expired", he added.
The judge also denied the request for compensation for breakage , stating that it was hypothetical damage. Breakage is the accounting appropriation resulting from the non-use of "miles" due to expiration.
Latam's arguments
According to Latam, the greater occupancy of the aircraft by passengers unduly rewarded with the purchase of scores reduces the supply of seats for paying passengers or members of its loyalty program, causing an increase in prices charged by the airline, due to the reduction of paid seats.
He said that the defendant encourages non-compliance with the official company's regulations, encouraging the negotiation of accumulated "miles" and the acquisition of tickets outside authorized channels, resulting in his illicit enrichment.
The activities carried out by the Hotmilhas website consist, among others, of bringing together Multiplus point holders and third parties who wish to purchase tickets at lower prices than those charged by the airline.
The owner of the site maintained that the authors intend to prevent holders of points or "miles" from selling such rights before the deadline set for their expiration, with the expiration resulting in a significant increase in their operating revenue.
According to the defendant's defense, "the miles that expire annually would be enough to purchase five million tickets for flights originating from Brazil to any country in South America." He stated that he does not sell tickets, he only mediates the transfer, bringing together interested parties. With information from the TJ-MG press office.