Atlas · Accounting
The carrier may withhold up to five percent as a compensatory fine when refunding the ticket price
AnswerThe carrier has the right to withhold up to 5% of the amount to be refunded to the passenger, as a compensatory fine, in cases of cancellation or withdrawal from the transport contract.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data do dado |
|---|---|---|---|---|
| Carrier | Cases of ticket price refund provided for in article 740 | Right to withhold up to five percent of the amount to be refunded to the passenger, as a compensatory fine | Lei 10.406/2002, art. 740, § 3.º | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Lei n.º 10.406/2002 (Planalto, in Portuguese): article 740, § 3.º, establishes that, in the cases provided for in the article, the carrier shall have the right to withhold up to five percent of the amount to be refunded to the passenger, as a compensatory fine.
How it applies
The withholding applies in the cases of article 740, which involve the cancellation of the transport contract before the trip begins (with communication in time to be renegotiated), the withdrawal from transport even after the trip has begun (with refund of the unused section and proof that another person was transported in their place), or failure to board (unless it is proved that another person was transported in their place, with refund of the unused ticket). In these situations, the carrier may withhold up to 5% of the amount to be refunded as a compensatory fine.
Limits
- The withholding is limited to up to five percent of the amount to be refunded.
- This sheet deals exclusively with the general rule of the Civil Code.
- Subsequent amendments must be checked at the official Planalto source before any decision.