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Three urban highways in the Metropolitan Region must return excess charges made to their clients, after the Ministry of Public Works found that they had to lower their rates according to the conditions of the concession contracts.
Currently three types of fees are charged: the base, the tip -twice the first- and saturation -the triple of the base-. The last two had to have had sales since April 1, after the contractual conditions were met in the first quarter, mainly January and February -before the coronavirus pandemic-.
Despite this, “We have found that Américo Vespucio Norte, Américo Vespucio Sur and Autopista Central are charging fees that do not correspond to some of their porticos”, stated the minister Alfredo Moreno.
He explained that “during the first quarter of this year, before the effects of the coronavirus, before the quarantines and whatever we are experiencing today, before all that the conditions for a reduction in various peak and saturation rates were met on various highways, and in accordance with the clauses of the contracts, that reduction should have been applied as of April 1 last, and yet that had not happened. “
Therefore, these three highways should return to customers, in the May accounts, those improper charges.
While, Vespucio Norte reported that it has already reduced 12 rate blocks -five of saturation and seven of tip-, although the MOP says that the reduction should be in 19 porticos. The other highways say they will in the coming days.
The companies argue, in turn, that they had not reduced the rates because, according to their interpretation of the contract, the measure was only a power they had, but not an obligation as indicated by the MOP.
Copsa: MOP makes a new and inconsistent interpretation of the bidding rules
The Association of Public Infrastructure Works Concessionaires (Copsa) pointed out that “after several years, the current administration of the Ministry of Public Works is making a new and inconsistent interpretation of the Bidding Terms, which our associates have faithfully complied with, which differs from what they wanted to expose to public opinion. “
Through a statement, they maintained that “our associates have activated or will activate the dispute resolution mechanism established in the Bidding Bases “.
Faced with this situation, they asked “to safeguard the legal certainty and trust with which the contracts were established and which has allowed the development of the country’s infrastructure within a serious and stable legal framework.”
At the same time, from Vespucio Norte rejected “categorically the accusation of the minister (Moreno) of having applied rates above what is allowed in the contract“
In a statement, they defended that they have always complied with their “obligations and service standards established” in the contract and that they have “correctly charged the rates contemplated therein”, pointing out that in this case there was a “wrong interpretation of the contract” by the MOP.
The highway maintained that the statements of the holder of Public Works call for “confusion to public opinion”, ratifying – as Copsa announced – that they will submit the matter to the dispute resolution mechanisms.
“The highways have to return the money,” asks Odecu
While the president of the Organization of consumers and users (Odecu), Stefan Larenas, said there is a clear breach of contract.
To resolve this, he indicated that there are three ways: “One, that the highways return all the money according to what the minister says; second, a demand if they do not; and a third alternative, which is what we We advocate, it is a collective voluntary procedure, which means that the parties sit down to discuss what is the amount that must be returned to consumers. “
“This procedure is between six and three months and has to be initiated by Sernac. Highways have to pay back not only from April 1, but as far back as breach of contract and that’s what needs to be discussed, “he said.
The MOP has already announced a conciliatory and arbitrating commission to resolve discrepancies on how many porticos should be lowered and for what periods.
