Peru Airport Transfer Fee Dispute Escalates as Airlines Prepare Legal Challenge
A contentious new fee for passengers transferring at Jorge Chávez International Airport in Lima, Peru, is set to take effect December 7, sparking opposition from airline industry groups who argue it will harm the country’s competitiveness. The fee, officially known as the Unified Airport Use Fee (TUUA), will apply to international connections, while the rate for domestic transfers remains suspended pending further negotiation.
Ositrán, the Peruvian transport regulator, recently finalized the fee structure after a delayed process hampered by internal quorum issues lasting nearly two years. The formal process, initiated in September, involved hearings, technical report reviews, and external academic consultation, ultimately deemed “consistent and appropriate” by the agency. However, transparency concerns remain.
A Long-Running Conflict Over Airport Fees
The debate over the transfer TUUA has pitted airlines represented by the International Air Transport Association (IATA) and the Association of International Air Transport Companies (AETAI) against Lima Airport Partners (LAP), the airport concessionaire. Airlines are advocating for the fee’s elimination, citing potential damage to Lima’s position as a regional aviation hub. LAP, however, maintains the charge is a contractual right essential for recouping investments in the airport.
“Beyond the technical aspects and the increase in prices for passengers, we reiterate that this charge seriously harms tourism and Peruvians,” stated a representative from AETAI.
The Peruvian government, through the Ministries of Transport and Communications (MTC), Economy and Finance (MEF), and Foreign Trade and Tourism (Mincetur), has held over ten meetings in an attempt to broker a compromise. One potential solution under consideration involves reducing the fee to zero for domestic connections, with the State compensating LAP for the resulting revenue loss.
Transparency Concerns and Impending Legal Action
Despite Ositrán’s publication of the fee amounts – US$12.67 and US$8.01 for international transfers – airline unions are questioning the lack of accompanying documentation. According to a senior IATA official, “The resolution or the report has not yet been released. We do not know what they have considered to arrive at those numbers.” The official further expressed concern that the rate was publicized without the supporting technical resolution, stating, “They should go hand in hand.”
IATA and AETAI have announced their intention to challenge the fee through legal channels, citing similarities to previously proposed amounts. AETAI also raised concerns about the unverified investment values declared by LAP, suggesting Ositrán prematurely accepted them as valid. A detailed audit of LAP’s investment claims would provide greater clarity and accountability.
Operational Disruptions Add to the Pressure
The timing of the TUUA implementation coincides with an extended runway maintenance period – 20 days longer than originally scheduled – which is expected to disrupt 354 flights. This adds to an already fragile operational environment, potentially exacerbating passenger inconvenience.
LAP has confirmed it will begin collecting the TUUA for international transfers on December 7, as stipulated in Addendum 6 of the concession contract. To circumvent a lack of airline agreement to include the fee in ticket pricing, LAP will offer passengers several payment options: advance online payment, mobile point-of-sale (POS) systems in the connecting passenger flow, and dedicated face-to-face modules. The concessionaire has urged airlines to proactively inform passengers to avoid confusion.
Arbitration Looms as Negotiations Continue
LAP has warned it will not accept a zero rate and is prepared to initiate arbitration against the State through the International Centre for Settlement of Investment Disputes (ICSID) if the calculation methodology is altered arbitrarily. The government is currently exploring ways to mitigate the impact on connectivity while remaining within the bounds of the concession contract.
On Tuesday, November 25, AETAI representatives are scheduled to meet with President José Jerí to discuss the situation. The outcome of these negotiations will be critical in determining the future of the transfer TUUA and its impact on Peru’s aviation sector.
