ComandantePuchinetta

Hello,

There seems to be people that got tickets reinstated via Recurso de Protección that will have flights departing today. Let´s see how it goes.

pmarrsouth

According to what one of them just posted on whatsapp, the last day that the lawyers are accepting the method above to help people is tomorrow (Wednesday)

One of them posted a video from the lounge, so presumably going ok until the plane takes off - for this leg :P

ComandantePuchinetta

Hi folks, the lawyers shared some stats today.

About 100 recursos presented. 95 already admitted (means it it accepted to be reviewed) of this 95 there are 45 that already received the order not to innovate. (means tickets reinstated and valid until final ruling) 55 are pending the order not to innovate but just a matter of time. 2 or 3 the order of not to innovate was declined but they are still admitted till final outcome.

As someone else already explained the lawyers are taking the last orders as the term is too close.

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Personally and after discussing with the lawyers a few minutes ago I accepted the proposal for Economy. Tickets paid and issues over the phone, gently service after all from LATAM. Also they promised 75% vouchers to arrive a few days later. For me personally the main goal of this was to visit my family at home after all and I can´t risk getting the order not to innovate but the a negative ruling a few months later that might compromise the outcome.

palmanfr

Thanks for your update ! So i understand that you are supposed to fly in several months from now then and not soon? Because if i understand correctly, one could get an order not to innovate now and this ruling could be reverted in court a few months later right ? How long does it typically take to get the matter addressed in court? What if the order not to innovate is granted, the business class tickets are reinstated and the passenger completes the trip but a month later the court judges for the airline, is the passenger liable to pay extra for the flights he used a month before ?

slidey

Not being familiar with Chile law, is Recurso like a small claims court thing in europe where its a totally limited cost or is there the chance of having to pay out more if it goes to appeal court etc?

sfosuw

My flight is in early August and I am going the Recurso route with Klaus. I am expecting it to be reinstated shortly and am confident to fly. If the ruling is eventually in favor of LATAM after the fact then LATAM can go pound sand. I don't see how they can realistically recuperate this from me since I don't live in Chile or Spain nor do I plan on using LATAM again anytime soon.

ComandantePuchinetta

Exactly, your summarized the situation perfectly and this is why at least in my case I have preferred to play the safest route. People with a recurso and flying soon has pretty much all chances to get this back without any chance of loosing but in the longer run while I do think we will still win the chances are not that high.

dvs7310

I don't know where the suit is currently at in the Chilean court system but this site https://lawyerchile.org/en/civil-law-chile/ indicates it could be 1-3 years to get a decision on the original case + appeal time. I think those who get reinstated with a recurso will be fine for most of these tickets if cases really run that long. By the time that finally gets settled, it would just be to set precedence (if that actually means anything in Chile, which I don't know the answer to.)

On a different note, anyone who got reinstated via recurso, did you convince LATAM to re-route you directly? (On IB6833 of course, I'd have zero interest in the re-route on LA metal or LA codes)
I suspect it's better for the airline to have us all go MAD-SCL direct rather than MAD-LIM, EZE, GRU, MVD, etc. as per the original routing, then a separate business class flight again to SCL from there. But I don't think we'd often accuse airlines of thinking logically either, LOL.

ItsWowStyle

Just a note, everyone who got reinstated got reinstated in economy class..

pmarrsouth

Note is false

ItsWowStyle

Well yesterday a couple people asked if anyone who used recurso got reinstated in business class and all they got were some vague answers about "a few people who managed to fly the ticket in J" nobody came forward tho. Lets not act like these lawyers are a likely to get you to fly this ticket in business class. As of now paying them is a gamble.

palmanfr

A woman flew yesterday in business class to Argentina after filing a recurso via one of the lawyers involved. The fact there are not really many data points is because the flights have been reinstated very recently (we are talking about less than a week ago) and not that many people have actually flown yet since the tickets were reinstated (in economy via LA now regular policy or in Business following the legal route). Add this to the fact that LATAM takes several days to reissue the tickets after the "order to not innovate" is granted, and that's probably the reason why you're not hearing yet about many people who flew this in J. I am filing a recurso and I am supposed to fly in Sept. I am conservatively hopeful for now, i am just wondering if my ticket get reinstated if the same fare class, mileage credits and rules will apply or not.

Scottyrocket

Not sure where you’re getting you false info from but you may wish to pay more attention if you’re on the WhatsApp group as there’s been several people who have gone the recurso option and had their flights reinstated to business. Some of those have already flown. Stop making up “facts”.

Those that follow the Sernac option are being mostly offered economy flights plus a voucher.

Personally, I’m happy to pay the $40 just to make life difficult for the airline. They have no problem doing the same to us when we make a mistake.

chejus

Hello, another update of my tickets.
Paid €900 for 1 ticket MAD-SCL-MAD, business class, so wasn't the USD/€ 280 some mentioned, purchased directly on IB and they still show as being ok.

eh220160

Same here, my eur 900 ticket looks fine. Is there a link to the what’s app group? I booked another eur 280 fare via Booking and never received a cancellation notice (although pro-actively checking online, there are issues with this booking) - is it too late to file on this basis, and is there a link to the what’s app group described above? Thanks!