Due to its untimely closure of operations that caused injuries and damage to thousands of Colombians, the Minister of Transportation, Guillermo Reyes, filed a criminal complaint against Viva Air for the alleged commission of the crimes of aggravated fraud in mass mode, deceptive offer of products and services.
“We are putting our face as a government for our passengers, for our users, for our travel agencies, for our defense of air transport,” he said.
(It may interest you: If you did not realize the integration, Avianca would not be able to recover what you paid for Viva Air)
This complaint is argued that the airline collected before the cessation of operations – on February 27, 2023 – an amount that increased (preliminarily) to 272,000 million pesosfor the sale of air tickets, ticket holders and receipt of payments from various travel agencies.
In addition, the airline kept its commercial channels open for the sale of its services until a few hours before closing operations, evidencing fraud.
by Viva Air.
Likewise, knowing that it could not comply with its users, they kept them in error, generating expectations regarding their flights that could not materialize. This is added to the date the airline has not made a refund Some are miles away from those affected, thereby violating the economic heritage of the Colombians who purchased their services.
In the case of the employment situation of the company’s workers, the official explained that Viva Air has the resources to make the liquidation of all employees. However, other companies in the market such as Latam and Avianca have been hiring part of the affected people; a situation that has had the support of the Ministry of Labor.
(Also read: Viva Air: what will happen to the airline’s flights from March 12?)

The Ministry of Transportation ensures that Viva Air has the resources to make the liquidation of all employees.
EFE/LUIS EDUARDO NORIEGA
According to the Ministry of Transportation, the action taken by Viva Air increased the impact on the fundamental right of locomotion for miles of Colombians and was presumably due to undue pressure on the administrative authorities to speed up the decision regarding the integration process with Avianca.
It will be the General Prosecutor of the Nation the one that will determine not only if the denounced behaviors have characteristics of a crime, but also, which people should be prosecuted as alleged perpetrators and/or participants in the facts.
Regarding the alleged suspension of operations by the Ultra Air airline, Minister Reyes said that he maintains permanent vigilance and monitoring.
(In addition: After the Viva crisis, they ask to analyze the financial strength of airlines in Colombia)
“We, with the Superintendency of Transportation, are obtaining all the information -updated financial statements- on the state of balances of liabilities and assets to determine: one, there is a process of a credit that is being processed if the capitalization and the necessary accompaniment are actually going to be givenbut also to warn our passengers of the risks that are being suffered”, he specified.
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