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20260806 070000 UTC
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[00:01:06] lawyer Yami Rosy Dalmagro, we are going to
[00:01:09] talk about this rental law, there is a
[00:01:13] reform underway and well, precisely she is here to talk to
[00:01:17] us about what this reform establishes and why it is so
[00:01:21] important to do it eh, for many
[00:01:23] months eh I have interviewed several lawyers who spoke about
[00:01:27] the need to reform the rental law. This is already a fact,
[00:01:30] lawyer, yes, well, very good morning, thank you very much for the
[00:01:34] invitation, this reform that has already been
[00:01:38] sanctioned, approved by the National Assembly, we are basically waiting for its
[00:01:41] publication in the official gazette for it to fully
[00:01:44] come into force, eh, it
[00:01:47] victim comes to is a consequence of this social need
[00:01:50] that has been occurring, not only after this
[00:01:53] tragic event on June 24, but
[00:01:57] it had already been, as I said, a... need from
[00:02:00] an earlier time, but which has been exacerbated
[00:02:04] after this tragedy, why? because it is a
[00:02:08] reality that with the current law that we have at this
[00:02:11] moment, which is intended only for residential
[00:02:14] rentals, there was a sector that wanted to
[00:02:18] be protected because it effectively needed protection, which are the
[00:02:21] tenants, but it also brought eh the
[00:02:25] fact that the owners eh with
[00:02:28] that with that law felt that they were now at
[00:02:31] a disadvantage, causing legal
[00:02:34] insecurity, that's right, what is it that
[00:02:38] this new law comes to regulate, to give that legal
[00:02:41] security to both parties, both the owner and the
[00:02:45] tenant, so that they can have a healthy rental
[00:02:48] relationship, in good terms, with clear
[00:02:51] terms, how the payment of the rental fee will be established,
[00:02:55] when an eviction can or cannot operate and not give
[00:02:58] superpowers to only one of the parties, leaving the
[00:03:02] other unprotected, nor vice versa, that is why eh the
[00:03:05] community in general and especially the guild and lawyers have
[00:03:09] seen eh in a positive way
[00:03:12] that this reform of the law has been
[00:03:15] proposed or put on the table, it is
[00:03:19] regrettable that it had to be done so urgently after the
[00:03:24] we offer and are offered by the rest of earthquake because this is a need that we have had for many years. What are
[00:03:28] those most notable changes that you can mention here, what
[00:03:32] will we find?
[00:03:34] Look, at least the current law established prohibitions
[00:03:39] passengers who were affected until for the issue of how the rental fee will be collected, if it could be done
[00:03:42] in foreign currency, if it should be done
[00:03:45] set a new date from the only in national currency, the time of the
[00:03:48] contract, everything that had to do with that strict
[00:03:52] regulation in the Tsunabi which is an organization
[00:03:55] dependent on the Ministry of Housing, that does not mean
[00:03:58] that it will entirely
[00:04:00] relax, because the protection, I insist, must be for both
[00:04:03] parties, but it does have to be a little more flexible, because in the
[00:04:07] Korea promotes diplomacy of end, a lease is a relationship of wills and
[00:04:10] agreements between both parties, so what is being
[00:04:14] sought at this instant, due to the
[00:04:17] urgency, due to the social need that exists, there
[00:04:20] is, it is undeniable that there is at this moment a shortage of
[00:04:24] housing due to everything, due to all the tragedy, collapsed buildings, people who
[00:04:28] are currently in shelters and and if with this entry into force of
[00:04:32] this law, it can, so to speak,
[00:04:35] allow people
[00:04:38] to have access to a home, even if it is under this contractual figure, which is what
[00:04:42] is being sought, to make that relationship
[00:04:45] a little more flexible so that owners do not feel at
[00:04:49] a disadvantage and so that the tenant also feels
[00:04:52] protected. Regarding the issue of the fee that you mentioned, this reform
[00:04:55] establishes that it can be charged in foreign
[00:04:59] currency. Yes, it can already be, that is, the parties have the
[00:05:02] possibility of establishing what the currency in which the
[00:05:06] contract is to be determined will be, of course,
[00:05:10] we have Venezuelan laws. And the conversion must
[00:05:13] always be made at the official rate determined by the Central
[00:05:17] Bank of Venezuela because it is our official currency, but
[00:05:20] before eh, to say that a contract is agreed, let's
[00:05:24] say, in foreign currency in dollars, was considered
[00:05:27] as something, I can't say it, I can't establish it, now no, these
[00:05:31] fees can be established in this currency, but of course
[00:05:35] you always have to respect the conversion established by the Central Bank of
[00:05:38] Venezuela, eh, how important is it that there is a rental contract.
[00:05:42] Because precisely because of these eh eh legal problems
[00:05:46] that existed, because of this need for reform that lawyers
[00:05:50] so much argued, many people made this type of contract
[00:05:53] verbally, without leaving anything written, why is
[00:05:57] it important to sign a rental contract? The
[00:06:01] contract is a manifestation of will between the parties, there the
[00:06:04] conditions for that relationship to be carried out will be
[00:06:08] established, how the rental fee is paid, how much
[00:06:12] is the deposit, how that deposit guarantee operates,
[00:06:16] how long the rental relationship will be, what will be the
[00:06:20] causes for an eviction or not, how the contract can be terminated
[00:06:23] prematurely, and even situations like those that occurred
[00:06:27] are regulated, what happens when there is a
[00:06:30] cause eh of force majeure, a fortuitous event, what
[00:06:33] happens in those conditions, who should eh assume repairs
[00:06:37] of the property, major, minor, so look at the endless
[00:06:41] examples I am giving: that can be regulated and that must
[00:06:44] be regulated in writing, because that will be law between the
[00:06:48] parties, on the other hand, when a contract is made
[00:06:52] verbally, not all these, not all these circumstances
[00:06:56] that I am mentioning will be captured, they will remain for the
[00:07:00] memory of the people, so it is important that
[00:07:03] contracts are carried out in writing because that will give
[00:07:07] legal security to both parties and I must
[00:07:10] say that eh it is important that
[00:07:14] either of the two parties or both in the best of
[00:07:17] cases are advised by a lawyer and especially a lawyer
[00:07:21] specializing in real estate matters, because ultimately
[00:07:24] it will provide the protection that both
[00:07:28] involved deserve, neither the tenant wants to lose nor the
[00:07:32] owner wants to lose. Doctor, let's talk about real estate
[00:07:35] scams, scams that can be atemporal, they occur at
[00:07:38] any time of the year, but perhaps after the seismic double event
[00:07:42] of last June 24, they have increased.
[00:07:46] Look, as you well say, scams are present at
[00:07:50] all times, the scammer by nature is
[00:07:53] a person who takes advantage of situations of greater vulnerability
[00:07:57] and at this moment after this terrible event eh it is
[00:08:00] regrettable, but there will always be those who want to take advantage
[00:08:04] of the fear, of the commotion of those who are experiencing a
[00:08:08] lack, at this moment, yes, these
[00:08:12] scams can occur not only of double
[00:08:15] sales, of promises of sale of properties whose
[00:08:18] owners are not even aware of that
[00:08:22] relationship that is happening, phantom
[00:08:25] rentals, even scams can occur in another
[00:08:28] area, pseudo engineers, eh,
[00:08:31] builders who go to buildings that are
[00:08:34] presenting eh, that need restructuring without
[00:08:37] credentials, without any kind of credentials, offering
[00:08:41] repairs when. The building may or may not
[00:08:44] be repairable, so I want you to see that scams
[00:08:48] always exist, but at this moment, in this situation of
[00:08:51] vulnerability, even though Venezuela has shown that we are a united people, that
[00:08:55] we can move forward,
[00:08:57] unfortunately there will be those who want to take advantage of this
[00:09:00] conjuncture, let's take a break, but you stay here with me, I'm talking to
[00:09:04] lawyer Yami Rossi Dalmagro, we're talking about real estate scams
[00:09:08] that can occur in this contingency,
[00:09:12] 9:40 in the morning, we'll be right back.
[00:09:40] This Saturday you can't miss the show because I'm going to
[00:09:44] tell you about the portal
[00:09:47] 88, the solar eclipse that we are
[00:09:50] going to have on August 12 and the lunar eclipse that we are
[00:09:53] going to have on August 28,
[00:09:57] Belkis Feng Shui, Saturday 7 in the
[00:10:00] morning on
[00:10:01] Globovisión,
[00:10:07] this Saturday in another vision, we took a 2-year
[00:10:11] break and due to what
[00:10:14] this tragedy was that really not only hit
[00:10:18] the Guaira but an entire nation, eh
[00:10:21] we had to return our program is 24 months in which
[00:10:25] we can serve at least 5000 children, that is, and I say
[00:10:29] at least because 500 children is a very
[00:10:32] low number for what we are facing, but one also
[00:10:36] has to know how much one can cover, another vision,
[00:10:40] Saturday, one in the afternoon on
[00:10:43] Globovisión.
[00:12:19] We are back on your program AM, lawyer Yami Rossi
[00:12:22] Dalmagro is still in the studio, lawyer, well, we were talking about.
[00:12:25] real estate scams, how after the earthquake, well, many can
[00:12:28] take advantage of the vulnerability of some
[00:12:31] people who survived this tragedy, I ask you about
[00:12:34] those who lived rented, they had left a
[00:12:38] deposit, the property, well, it disappeared because the
[00:12:41] building collapsed, is the owner obliged to return this
[00:12:45] deposit, yes, perhaps there is
[00:12:48] some confusion with some owners who think that by receiving
[00:12:52] eh the rental fees in deposit. they are already the owner's,
[00:12:56] but no, that deposit is a kind of guarantee that at the end of the
[00:12:59] rental relationship
[00:13:02] its objective is to verify the state of the property and
[00:13:06] the owner must return to the
[00:13:09] tenant those rental fees given in
[00:13:12] deposit, despite this situation
[00:13:16] of the earthquake that many owners also unfortunately
[00:13:19] lost their property, eh, that is not
[00:13:23] an excuse for not making the refund to the tenant of
[00:13:27] those months given in deposit, because it is not that the deposit
[00:13:30] is well, I keep this, look at my situation, I know we are in a
[00:13:34] very regrettable situation, but the refund
[00:13:37] must be made anyway, this is a situation that can be discussed between the
[00:13:41] parties, there are many relationships, many
[00:13:44] times we see that the rental relationship is conflictive, but no, there are
[00:13:47] many rental relationships that are carried out in the best way and in
[00:13:51] a conversation between landlord and tenant there are many
[00:13:55] tenants also in a situation of understanding what the other
[00:13:59] is going through and if there is a consensus of wills regarding the refund
[00:14:02] or not of that, if the parties so decide, that is fully
[00:14:06] valid, properties that well must be repaired,
[00:14:09] who bears these costs of structural damages, look, major
[00:14:13] repairs must be borne by the
[00:14:17] owners, because
[00:14:20] when you asked me about what contracts establish,
[00:14:23] always in a contract there are minor repairs
[00:14:27] resulting from the proper use of the property that must be
[00:14:30] paid for by the tenant, but in case of major structural
[00:14:34] repairs they must be borne by all owners,
[00:14:38] that is why it is important to know that even in buildings that have been
[00:14:42] completely demolished in a regrettable way, the
[00:14:45] condominium boards are still standing, they are still active, why,
[00:14:49] because although the
[00:14:52] building has collapsed there is land that
[00:14:55] is part of each of the owners according to the corresponding
[00:14:59] aliquot that they should have had in their contract of
[00:15:02] sale at the time, in their property contract, in their property document, rather
[00:15:06] said. Currently in La Guaira there are censuses eh precisely
[00:15:10] because of these buildings that completely collapsed.
[00:15:13] How to prove ownership if all
[00:15:16] documents were lost in this tragedy? Look
[00:15:19] at something that surprised me but pleasantly,
[00:15:23] eh, and I'm going to put my example. I was
[00:15:26] also one of the affected by this tragedy, my family's
[00:15:30] apartment, my husband's and mine, was in Los
[00:15:33] Corales and I received information from Saren
[00:15:36] where... I was sent, I was
[00:15:39] corroborating the property documents of my property, that is, Saren
[00:15:43] has an automated database of those
[00:15:47] documents, that is extremely important, because
[00:15:50] even if the physical document has been lost
[00:15:53] which in many cases is under the rubble, Saren
[00:15:57] has a backup of that data, so
[00:16:01] remember that real estate records are public records and there is always
[00:16:04] a backup of the original
[00:16:08] document, so for that part well, those who
[00:16:10] unfortunately have had their documents destroyed
[00:16:14] fortunately we have a backup in the
[00:16:17] records, that's why they are public records and at the time of
[00:16:21] signing, for example, a purchase and sale contract, a contract of sale of a
[00:16:24] property, one of its copies is kept in that
[00:16:28] public registry. Doctor, to conclude, how to
[00:16:31] prevent real estate scams, your advice please
[00:16:34] eh, the first thing is... and
[00:16:38] I say it with great responsibility, when something appears extremely
[00:16:42] attractive, when one of the other parties is
[00:16:46] pressuring, look I have eh, I
[00:16:49] already have three more offers, someone wants to rent, you have to give me
[00:16:53] an answer today, you have to make the payment right away, without
[00:16:56] giving the person an opportunity to review, look
[00:17:00] if you doubt that
[00:17:03] negotiation, seek advice from a lawyer
[00:17:06] who... We know that we are in a very unfortunate situation, but let
[00:17:10] fear and vulnerability not win us over, because we
[00:17:13] already had a loss as a result of this tragedy, we don't want to have
[00:17:17] another one, and unfortunately in a crime like fraud where we have a
[00:17:21] clever person, the
[00:17:25] re-victimize herself, saying you see because I fell for it, I didn't
[00:17:28] get advice, to blame herself, and that's not what we want at this
[00:17:32] moment when we are looking for a reconstruction of the country that not
[00:17:35] only has to be a... material construction, but also a
[00:17:39] moral
[00:17:42] reconstruction, an ethical reconstruction and a
[00:17:44] reconstruction that leads us to get up from this in the
[00:17:48] best way, thank you, thank you for accompanying me, where can we
[00:17:51] find you, my social networks are
[00:17:53] abogados.dalmagro, you can find me on Instagram also at the
[00:17:57] Montolla and Corrella law firm, there we are
[00:18:01] sharing a lot of information after these
[00:18:04] regrettable events that well, although it is a
[00:18:07] hard event, it has generated many legal doubts and we are
[00:18:11] sharing totally free information so that people
[00:18:15] have it at their disposal. I spoke with Yami Rossi Dalmagro, lawyer,
[00:18:18] we talked about real estate scams, we take a break and in the next
[00:18:22] part I am joined by the commercial director of Laser, we are going to talk about
[00:18:26] the reactivation of flights after the seismic double, we'll be
[00:18:29] right back.
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[00:19:21] From July 31 to August 6 in the weekly
[00:19:25] Universal,
[00:19:28] the table returned with a new phase of dialogue in the
[00:19:31] country. They assure that Venezuela
[00:19:35] will hold elections when it is ready. Livestock
[00:19:38] sector bets on financing to
[00:19:41] grow. South
[00:19:45] Solidarity. Climate and roads are
[00:19:48] constant challenges in Mérida
[00:20:04] Aruba resumes.
[00:20:07] The Weekly Universal, find this edition on
[00:20:11] our digital platforms.
[00:20:37] 9:52 in the morning, we continue live on your program AM,
[00:20:41] I welcome my second guest, Eliana Bercoque, commercial
[00:20:44] director of Laser Airlines, we are going to talk about the
[00:20:48] reactivation of flights after the seismic double. Eleana,
[00:20:51] welcome eh, I want to start, well, talking
[00:20:55] about eh Laser was an airline affected, they unfortunately
[00:20:58] had human losses in social networks, as
[00:21:02] well they published it. How are you
[00:21:04] as a team? Yes, well, eh, grateful for this
[00:21:08] space to be able to communicate to all your audience how we have been
[00:21:11] reestablishing our operations, and yes,
[00:21:14] unfortunately, we lost 16 workers, eh, administrative
[00:21:17] workers, workers. both pilots and flight
[00:21:21] attendants eh unfortunately they were in their homes
[00:21:24] when the double earthquake occurred
[00:21:28] and we have been reestablishing all the
[00:21:31] operability mainly hand in hand with each
[00:21:35] of the workers and 90% of our workers
[00:21:38] live in La Guaira, live in La Guaira, in Catia La Mar eh
[00:21:42] towards La Guaira state it
[00:21:45] has been positive because the renewal of our flights
[00:21:49] was not so... immediately, in fact we restarted international
[00:21:52] flights on July 1 with which we began to
[00:21:55] operate, but part of our workers were always willing
[00:21:59] to continue their work, to be willing to
[00:22:02] collaborate, no, but well, many wanted to keep their families
[00:22:06] stable, those who did not suffer anything but material
[00:22:08] losses, some wanted to look for relatives that they still had not
[00:22:12] found, who were missing, but today
[00:22:15] we have staff who live both in Barcelona and in
[00:22:18] Maracay and well, we have
[00:22:22] those staff who have been quite receptive
[00:22:25] and knowing that their contribution and support is important for
[00:22:29] the company to be operative today, let's talk about that
[00:22:32] July 1 as you mention when flights were reactivated, they started
[00:22:36] with international flights, from which terminal
[00:22:40] can we leave now if we have to travel outside Venezuela, yes,
[00:22:43] we are currently operating from the José Antonio Anzoátegui airport eh with
[00:22:47] the four international destinations we have at this moment. such as
[00:22:50] Madrid, Bogotá, Santo Domingo, Dominican Republic and
[00:22:54] United States, Miami, where we are operating there, with frequencies depending on the
[00:22:58] destination, daily, some every other day, twice
[00:23:02] a week, and well, we have already been there for a month
[00:23:05] having Barcelona as our main international operations hub and
[00:23:09] in a very positive way, I think the first two weeks of the reactivation of flights
[00:23:12] were a bit of adaptation both for us and also for the
[00:23:16] passenger, the fact of
[00:23:20] not having Maiquetía available, of not having Maiquetía available, how do I
[00:23:24] get around, does the company give me transportation, do I get around on my
[00:23:27] own, how long do I have to arrive, how much does it cost me to get there,
[00:23:31] but well, today we have already had after a month of having
[00:23:35] passed this tragedy and established the operation in
[00:23:38] Barcelona, we have very good occupancy percentages, it has been
[00:23:41] positive, you also took care of rescheduling
[00:23:45] those flights that had been lost due to the contingency,
[00:23:48] due to the closure of... these passengers, what
[00:23:52] options did you offer these passengers, yes, these
[00:23:55] passengers who were approximately 10 days that we
[00:23:59] did not have operation, which was from the 24th, from the 24th
[00:24:03] even because at the time of the double
[00:24:06] earthquake I was on the runway, that is, embarking
[00:24:09] passengers who were going to Madrid because our Madrid flight
[00:24:13] was scheduled to depart at 5:30 but due to
[00:24:16] some logistical issues it was delayed for a few minutes.
[00:24:20] We also had the Barcelona flight, we also had a flight from Porlamar and we had
[00:24:24] embarked passengers, no eh, and from the 20th these
[00:24:29] the moment we resumed, we gave them the possibility that they could
[00:24:35] moment we reactivated operations without any
[00:24:38] cost and even the passengers who were
[00:24:41] later eh on date and with a ticket already eh ticketed
[00:24:45] leaving from Maiquetía, we rescheduled them without any cost via Barcelona,
[00:24:49] that is, if you had... a ticket to travel on August 10, August
[00:24:52] 15, we took care of relocating
[00:24:55] you as long as the passenger accepted that they wished
[00:24:58] to travel to keep their flight for those who did not want to keep their
[00:25:02] flight, well, they left their ticket open and could
[00:25:06] put a later date when many passengers
[00:25:09] are waiting for the reactivation of Maiquetía, ah, I was going to ask that
[00:25:13] question that perhaps is the one we all want an answer
[00:25:16] when Maiquetía is estimated to be operational
[00:25:20] again, what, what information do you have, if this activation will be
[00:25:24] partial, eh, what do you know in Laser, well,
[00:25:28] eh, the information we have received first hand from the authorities, eh,
[00:25:31] both from Iaín and from Inat, who have been or are the
[00:25:35] institutions that are currently presiding over all the
[00:25:37] operations of air operations
[00:25:40] and we have a tentative date which is the 24th
[00:25:44] of August, to start with partially approximately with a
[00:25:48] 30, 35% of the global operations of the
[00:25:51] airport, there all the airlines that we used to have
[00:25:55] here can enter, and what we are waiting for is what the
[00:25:58] new routes would be designated by each
[00:26:01] operator to operate in this train. percent that will resume, no,
[00:26:04] it could be an international flight, it could be a national flight, it could be one flight or two
[00:26:08] international flights, we are waiting because, well, the logistics that are being
[00:26:12] set up do not have the capacity to reactivate all the
[00:26:16] operations we had, what is intended is that
[00:26:20] this 30% resumes two or three flights, as
[00:26:23] I told you, and that the rest of the operations continue
[00:26:26] in the airports that have been activated, such as
[00:26:30] Valencia, such as Barcelona, such as
[00:26:32] Barquisimeto, and well, in our case also,
[00:26:36] the airport of the Liberator base in Palo Negro, where we are operating
[00:26:39] national flights. What can you tell us about how your team
[00:26:43] has behaved with these new terminals that were activated, Valencia,
[00:26:47] Barcelona? No one was prepared for this tragedy, but you as a team,
[00:26:51] well, you were able to resolve it. Yes, as I told you, part
[00:26:54] of the staff that today makes it possible for
[00:26:57] our flights from Maracay to depart and our staff that makes flights from
[00:27:02] La Guaira, resilient staff, staff committed to the
[00:27:05] organization, which we have also allowed them to feel a little
[00:27:09] peace of mind, we have transferred more than
[00:27:12] 30 people approximately to each of these stations because
[00:27:16] traffic personnel, profile personnel, security personnel,
[00:27:20] platform personnel, dispatch personnel are required, so it is a
[00:27:24] fairly large logistics that, well, just as the passenger is being affected by
[00:27:27] mobilizing, the company has also had to adopt some protocols to
[00:27:31] be able to have this operation. this operation, but we are
[00:27:34] here to serve each of our passengers
[00:27:37] and since July 17th, we have also been operating
[00:27:41] in Palo Negro. Eliana, to conclude, how are you preparing for this
[00:27:45] holiday season? You already told us about the estimated date when
[00:27:48] Maiquetia could partially start operating again,
[00:27:51] what are the most requested destinations during
[00:27:55] holidays by the sea, I imagine. Yes, from Palo Negro on
[00:27:59] July 17th, we started our operations.
[00:28:03] Currently, we are flying to four main destinations,
[00:28:06] Maracaibo, Vigía, Porlamar, and Barcelona. In the
[00:28:09] case of Barcelona, we have arranged two daily
[00:28:12] itineraries, one at 8 in the morning, one at 2 in the afternoon, which allows
[00:28:16] connectivity with international flights, easily, simply,
[00:28:19] we receive the luggage and the passenger
[00:28:23] picks it up at the final destination to cut down transfer
[00:28:26] times. In the case of Porlamar, we have two
[00:28:29] daily flights as well, one at 1 and one at 6 in the
[00:28:33] afternoon. For Maracaibo, we have one flight at 11 in the
[00:28:36] morning and Vigía at 10.
[00:28:39] Currently, the reception of national destinations
[00:28:43] has also been positive, undoubtedly
[00:28:46] Porlamar has been the preferred destination for
[00:28:49] each of the passengers and gives rise to the fact that the
[00:28:53] holiday season will be activated as planned.
[00:28:56] Also, we also have the traditional
[00:29:00] event nearby, which is the Virgen del Valle, and many people also
[00:29:04] tend to travel to Margarita Island, and we believe
[00:29:07] that it has been positive, I think it has been a matter of
[00:29:11] adaptability for everyone, as we discussed, both for the passenger
[00:29:14] and for the airlines, and the important thing is that there is an option of how
[00:29:18] to travel not only within Venezuelan territory, but also
[00:29:21] how to travel to international destinations that
[00:29:26] the companies that operate here in Venezuela. Thank you, Eliana, for being with us, social
[00:29:30] networks, I know you are there informing about routes,
[00:29:34] destinations, assistance to the traveler. Yes, you can
[00:29:37] find us through our website wwwrairlines.com,
[00:29:39] you can find us through our
[00:29:43] Instagram, Facebook, Twitter, through Laser Airlines
[00:29:46] official, our customer service
[00:29:49] channels 0800 Laser 00 and
[00:29:52] our WhatsApp where you can also find us. Through any of the channels you can
[00:29:56] get information about our itineraries and destinations we fly to. Thanks again,
[00:30:00] I had the pleasure of talking with Elia Coque, Commercial Director of Laser
[00:30:04] Airlines. Thank you also for tuning in, remember that we have an
[00:30:07] appointment this Thursday at 9:30 in the morning.