Airlines and Aviation Business Guide
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All 17 Documented Cases
Custos de Assistência Material Obrigatória - Refeições, Hospedagem e Translado
Estimated R$150–300 per passenger for 2–4h delays (meal); R$400–800 per passenger for 4h+ delays (meal + accommodation 1 night + transport). For 100 passengers/month in >2h delays: R$15,000–30,000/month = R$180,000–360,000 annually. Typical waste from duplicate/unnecessary claims: 15–25% = R$27,000–90,000/yearAirlines must provide free material assistance based on delay duration: >1h (communication), >2h (meals via vouchers/refeitions), >4h (accommodation + round-trip transport to hotel). Manual coordination with multiple vendors, lack of real-time passenger counts, and duplicate meal/transport claims create cost overruns. No centralized visibility into actual vs. mandated spend.
Contingência Fiscal e Contábil - Incerteza de Passivo por Decisão STF Pendente
Contingent liability range: R$50,000,000–R$500,000,000 for large carriers (LATAM, Gol, Azul) based on 6–24 months of unresolved delay claims (10,000–100,000 claims × R$5,000–10,000 average exposure). For mid-size carrier: R$10,000,000–50,000,000. Balance-sheet impact if CDC ruling prevails: immediate provision of 50–100% of contingent amount; potential Q1/Q2 earnings impact R$5,000,000–50,000,000.Current jurisprudence favors CDC (passenger protection), but CBA alternative could exempt airlines from paying compensation for weather, ATC restrictions, and pandemic-related disruptions. Airlines maintain minimal provisions for IROP compensation, creating balance-sheet surprise risk. A ruling favoring CDC triggers: (1) retroactive claim acceleration (pending cases resume), (2) re-evaluation of provisioning adequacy, (3) potential covenant breaches with lenders (debt/equity ratios), (4) tax/audit implications (deductibility of provisions under different legal regimes). Timing: STF ruling expected within 6–24 months (no date set as of Dec 2025).
Perda de Receita por Abandono de Clientes - Churn Causado por Má Gestão de IROP
Mid-size airline with 200,000 annual passengers: ~5% experience >2h delay (~10,000 passengers). Estimated churn rate from inadequate handling: 3–8% of subsequent bookings (~300–800 repeat bookings lost). Lost revenue per lost booking: R$500–1,500. Annual revenue loss: R$150,000–R$1,200,000. High-value segments (business/frequent flyer): churn rate 8–15%, lifetime value loss R$50,000–75,000/customer = R$500,000–R$2,000,000 for 10–20 high-value defections/year.Post-delay customer dissatisfaction drives churn when: (1) compensation claims are disputed or delayed (>30 days), (2) passengers do not receive written explanations for delays >1h, (3) refunds are processed slowly (manual approval chains), (4) communication gaps during incident. High-frequency business travelers (1–4 trips/month) have elasticity of brand loyalty; one poor IROP experience often triggers switch to competitor. Lost lifetime customer value: R$5,000–15,000 per high-value customer.
Multas ANAC e Procon por Não Cumprimento de Obrigações de Assistência e Indenização
Estimated R$50,000–R$500,000 per ANAC enforcement action. For a mid-size airline: 2–4 enforcement actions/year = R$100,000–R$2,000,000 in fines annually. Legal defense costs: R$50,000–150,000 per contested claim (litigation). Accumulated contingent liability (5-year statute of limitations): 6–12 months of unresolved claims = R$500,000–R$3,000,000Regulatory agencies (ANAC, Procon, state SEFAZs) can fine airlines for: (1) failure to provide material assistance within mandated timeframes, (2) refusal to pay moral damages, (3) delayed refunds, (4) lack of written explanation for delays >1h. Fines are discretionary but typically range from R$50,000 to R$500,000+ per violation (based on airline size and violation severity). Accumulated fines from multiple passengers across a delay event can exceed R$1,000,000.