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00:01:06lawyer Yami Rosy Dalmagro, we are going to
00:01:09talk about this rental law, there is a
00:01:13reform underway and well, precisely she is here to talk to
00:01:17us about what this reform establishes and why it is so
00:01:21important to do it eh, for many
00:01:23months eh I have interviewed several lawyers who spoke about
00:01:27the need to reform the rental law. This is already a fact,
00:01:30lawyer, yes, well, very good morning, thank you very much for the
00:01:34invitation, this reform that has already been
00:01:38sanctioned, approved by the National Assembly, we are basically waiting for its
00:01:41publication in the official gazette for it to fully
00:01:44come into force, eh, it
00:01:47victim comes to is a consequence of this social need
00:01:50that has been occurring, not only after this
00:01:53tragic event on June 24, but
00:01:57it had already been, as I said, a... need from
00:02:00an earlier time, but which has been exacerbated
00:02:04after this tragedy, why? because it is a
00:02:08reality that with the current law that we have at this
00:02:11moment, which is intended only for residential
00:02:14rentals, there was a sector that wanted to
00:02:18be protected because it effectively needed protection, which are the
00:02:21tenants, but it also brought eh the
00:02:25fact that the owners eh with
00:02:28that with that law felt that they were now at
00:02:31a disadvantage, causing legal
00:02:34insecurity, that's right, what is it that
00:02:38this new law comes to regulate, to give that legal
00:02:41security to both parties, both the owner and the
00:02:45tenant, so that they can have a healthy rental
00:02:48relationship, in good terms, with clear
00:02:51terms, how the payment of the rental fee will be established,
00:02:55when an eviction can or cannot operate and not give
00:02:58superpowers to only one of the parties, leaving the
00:03:02other unprotected, nor vice versa, that is why eh the
00:03:05community in general and especially the guild and lawyers have
00:03:09seen eh in a positive way
00:03:12that this reform of the law has been
00:03:15proposed or put on the table, it is
00:03:19regrettable that it had to be done so urgently after the
00:03:24we offer and are offered by the rest of earthquake because this is a need that we have had for many years. What are
00:03:28those most notable changes that you can mention here, what
00:03:32will we find?
00:03:34Look, at least the current law established prohibitions
00:03:39passengers who were affected until for the issue of how the rental fee will be collected, if it could be done
00:03:42in foreign currency, if it should be done
00:03:45set a new date from the only in national currency, the time of the
00:03:48contract, everything that had to do with that strict
00:03:52regulation in the Tsunabi which is an organization
00:03:55dependent on the Ministry of Housing, that does not mean
00:03:58that it will entirely
00:04:00relax, because the protection, I insist, must be for both
00:04:03parties, but it does have to be a little more flexible, because in the
00:04:07Korea promotes diplomacy of end, a lease is a relationship of wills and
00:04:10agreements between both parties, so what is being
00:04:14sought at this instant, due to the
00:04:17urgency, due to the social need that exists, there
00:04:20is, it is undeniable that there is at this moment a shortage of
00:04:24housing due to everything, due to all the tragedy, collapsed buildings, people who
00:04:28are currently in shelters and and if with this entry into force of
00:04:32this law, it can, so to speak,
00:04:35allow people
00:04:38to have access to a home, even if it is under this contractual figure, which is what
00:04:42is being sought, to make that relationship
00:04:45a little more flexible so that owners do not feel at
00:04:49a disadvantage and so that the tenant also feels
00:04:52protected. Regarding the issue of the fee that you mentioned, this reform
00:04:55establishes that it can be charged in foreign
00:04:59currency. Yes, it can already be, that is, the parties have the
00:05:02possibility of establishing what the currency in which the
00:05:06contract is to be determined will be, of course,
00:05:10we have Venezuelan laws. And the conversion must
00:05:13always be made at the official rate determined by the Central
00:05:17Bank of Venezuela because it is our official currency, but
00:05:20before eh, to say that a contract is agreed, let's
00:05:24say, in foreign currency in dollars, was considered
00:05:27as something, I can't say it, I can't establish it, now no, these
00:05:31fees can be established in this currency, but of course
00:05:35you always have to respect the conversion established by the Central Bank of
00:05:38Venezuela, eh, how important is it that there is a rental contract.
00:05:42Because precisely because of these eh eh legal problems
00:05:46that existed, because of this need for reform that lawyers
00:05:50so much argued, many people made this type of contract
00:05:53verbally, without leaving anything written, why is
00:05:57it important to sign a rental contract? The
00:06:01contract is a manifestation of will between the parties, there the
00:06:04conditions for that relationship to be carried out will be
00:06:08established, how the rental fee is paid, how much
00:06:12is the deposit, how that deposit guarantee operates,
00:06:16how long the rental relationship will be, what will be the
00:06:20causes for an eviction or not, how the contract can be terminated
00:06:23prematurely, and even situations like those that occurred
00:06:27are regulated, what happens when there is a
00:06:30cause eh of force majeure, a fortuitous event, what
00:06:33happens in those conditions, who should eh assume repairs
00:06:37of the property, major, minor, so look at the endless
00:06:41examples I am giving: that can be regulated and that must
00:06:44be regulated in writing, because that will be law between the
00:06:48parties, on the other hand, when a contract is made
00:06:52verbally, not all these, not all these circumstances
00:06:56that I am mentioning will be captured, they will remain for the
00:07:00memory of the people, so it is important that
00:07:03contracts are carried out in writing because that will give
00:07:07legal security to both parties and I must
00:07:10say that eh it is important that
00:07:14either of the two parties or both in the best of
00:07:17cases are advised by a lawyer and especially a lawyer
00:07:21specializing in real estate matters, because ultimately
00:07:24it will provide the protection that both
00:07:28involved deserve, neither the tenant wants to lose nor the
00:07:32owner wants to lose. Doctor, let's talk about real estate
00:07:35scams, scams that can be atemporal, they occur at
00:07:38any time of the year, but perhaps after the seismic double event
00:07:42of last June 24, they have increased.
00:07:46Look, as you well say, scams are present at
00:07:50all times, the scammer by nature is
00:07:53a person who takes advantage of situations of greater vulnerability
00:07:57and at this moment after this terrible event eh it is
00:08:00regrettable, but there will always be those who want to take advantage
00:08:04of the fear, of the commotion of those who are experiencing a
00:08:08lack, at this moment, yes, these
00:08:12scams can occur not only of double
00:08:15sales, of promises of sale of properties whose
00:08:18owners are not even aware of that
00:08:22relationship that is happening, phantom
00:08:25rentals, even scams can occur in another
00:08:28area, pseudo engineers, eh,
00:08:31builders who go to buildings that are
00:08:34presenting eh, that need restructuring without
00:08:37credentials, without any kind of credentials, offering
00:08:41repairs when. The building may or may not
00:08:44be repairable, so I want you to see that scams
00:08:48always exist, but at this moment, in this situation of
00:08:51vulnerability, even though Venezuela has shown that we are a united people, that
00:08:55we can move forward,
00:08:57unfortunately there will be those who want to take advantage of this
00:09:00conjuncture, let's take a break, but you stay here with me, I'm talking to
00:09:04lawyer Yami Rossi Dalmagro, we're talking about real estate scams
00:09:08that can occur in this contingency,
00:09:129:40 in the morning, we'll be right back.
00:09:40This Saturday you can't miss the show because I'm going to
00:09:44tell you about the portal
00:09:4788, the solar eclipse that we are
00:09:50going to have on August 12 and the lunar eclipse that we are
00:09:53going to have on August 28,
00:09:57Belkis Feng Shui, Saturday 7 in the
00:10:00morning on
00:10:01Globovisión,
00:10:07this Saturday in another vision, we took a 2-year
00:10:11break and due to what
00:10:14this tragedy was that really not only hit
00:10:18the Guaira but an entire nation, eh
00:10:21we had to return our program is 24 months in which
00:10:25we can serve at least 5000 children, that is, and I say
00:10:29at least because 500 children is a very
00:10:32low number for what we are facing, but one also
00:10:36has to know how much one can cover, another vision,
00:10:40Saturday, one in the afternoon on
00:10:43Globovisión.
00:12:19We are back on your program AM, lawyer Yami Rossi
00:12:22Dalmagro is still in the studio, lawyer, well, we were talking about.
00:12:25real estate scams, how after the earthquake, well, many can
00:12:28take advantage of the vulnerability of some
00:12:31people who survived this tragedy, I ask you about
00:12:34those who lived rented, they had left a
00:12:38deposit, the property, well, it disappeared because the
00:12:41building collapsed, is the owner obliged to return this
00:12:45deposit, yes, perhaps there is
00:12:48some confusion with some owners who think that by receiving
00:12:52eh the rental fees in deposit. they are already the owner's,
00:12:56but no, that deposit is a kind of guarantee that at the end of the
00:12:59rental relationship
00:13:02its objective is to verify the state of the property and
00:13:06the owner must return to the
00:13:09tenant those rental fees given in
00:13:12deposit, despite this situation
00:13:16of the earthquake that many owners also unfortunately
00:13:19lost their property, eh, that is not
00:13:23an excuse for not making the refund to the tenant of
00:13:27those months given in deposit, because it is not that the deposit
00:13:30is well, I keep this, look at my situation, I know we are in a
00:13:34very regrettable situation, but the refund
00:13:37must be made anyway, this is a situation that can be discussed between the
00:13:41parties, there are many relationships, many
00:13:44times we see that the rental relationship is conflictive, but no, there are
00:13:47many rental relationships that are carried out in the best way and in
00:13:51a conversation between landlord and tenant there are many
00:13:55tenants also in a situation of understanding what the other
00:13:59is going through and if there is a consensus of wills regarding the refund
00:14:02or not of that, if the parties so decide, that is fully
00:14:06valid, properties that well must be repaired,
00:14:09who bears these costs of structural damages, look, major
00:14:13repairs must be borne by the
00:14:17owners, because
00:14:20when you asked me about what contracts establish,
00:14:23always in a contract there are minor repairs
00:14:27resulting from the proper use of the property that must be
00:14:30paid for by the tenant, but in case of major structural
00:14:34repairs they must be borne by all owners,
00:14:38that is why it is important to know that even in buildings that have been
00:14:42completely demolished in a regrettable way, the
00:14:45condominium boards are still standing, they are still active, why,
00:14:49because although the
00:14:52building has collapsed there is land that
00:14:55is part of each of the owners according to the corresponding
00:14:59aliquot that they should have had in their contract of
00:15:02sale at the time, in their property contract, in their property document, rather
00:15:06said. Currently in La Guaira there are censuses eh precisely
00:15:10because of these buildings that completely collapsed.
00:15:13How to prove ownership if all
00:15:16documents were lost in this tragedy? Look
00:15:19at something that surprised me but pleasantly,
00:15:23eh, and I'm going to put my example. I was
00:15:26also one of the affected by this tragedy, my family's
00:15:30apartment, my husband's and mine, was in Los
00:15:33Corales and I received information from Saren
00:15:36where... I was sent, I was
00:15:39corroborating the property documents of my property, that is, Saren
00:15:43has an automated database of those
00:15:47documents, that is extremely important, because
00:15:50even if the physical document has been lost
00:15:53which in many cases is under the rubble, Saren
00:15:57has a backup of that data, so
00:16:01remember that real estate records are public records and there is always
00:16:04a backup of the original
00:16:08document, so for that part well, those who
00:16:10unfortunately have had their documents destroyed
00:16:14fortunately we have a backup in the
00:16:17records, that's why they are public records and at the time of
00:16:21signing, for example, a purchase and sale contract, a contract of sale of a
00:16:24property, one of its copies is kept in that
00:16:28public registry. Doctor, to conclude, how to
00:16:31prevent real estate scams, your advice please
00:16:34eh, the first thing is... and
00:16:38I say it with great responsibility, when something appears extremely
00:16:42attractive, when one of the other parties is
00:16:46pressuring, look I have eh, I
00:16:49already have three more offers, someone wants to rent, you have to give me
00:16:53an answer today, you have to make the payment right away, without
00:16:56giving the person an opportunity to review, look
00:17:00if you doubt that
00:17:03negotiation, seek advice from a lawyer
00:17:06who... We know that we are in a very unfortunate situation, but let
00:17:10fear and vulnerability not win us over, because we
00:17:13already had a loss as a result of this tragedy, we don't want to have
00:17:17another one, and unfortunately in a crime like fraud where we have a
00:17:21clever person, the
00:17:25re-victimize herself, saying you see because I fell for it, I didn't
00:17:28get advice, to blame herself, and that's not what we want at this
00:17:32moment when we are looking for a reconstruction of the country that not
00:17:35only has to be a... material construction, but also a
00:17:39moral
00:17:42reconstruction, an ethical reconstruction and a
00:17:44reconstruction that leads us to get up from this in the
00:17:48best way, thank you, thank you for accompanying me, where can we
00:17:51find you, my social networks are
00:17:53abogados.dalmagro, you can find me on Instagram also at the
00:17:57Montolla and Corrella law firm, there we are
00:18:01sharing a lot of information after these
00:18:04regrettable events that well, although it is a
00:18:07hard event, it has generated many legal doubts and we are
00:18:11sharing totally free information so that people
00:18:15have it at their disposal. I spoke with Yami Rossi Dalmagro, lawyer,
00:18:18we talked about real estate scams, we take a break and in the next
00:18:22part I am joined by the commercial director of Laser, we are going to talk about
00:18:26the reactivation of flights after the seismic double, we'll be
00:18:29right back.
00:18:53We invite you to download our Globovisión HD
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00:19:09content, news and live broadcasts from your cell phone or
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00:19:17your reach.
00:19:21From July 31 to August 6 in the weekly
00:19:25Universal,
00:19:28the table returned with a new phase of dialogue in the
00:19:31country. They assure that Venezuela
00:19:35will hold elections when it is ready. Livestock
00:19:38sector bets on financing to
00:19:41grow. South
00:19:45Solidarity. Climate and roads are
00:19:48constant challenges in Mérida
00:20:04Aruba resumes.
00:20:07The Weekly Universal, find this edition on
00:20:11our digital platforms.
00:20:379:52 in the morning, we continue live on your program AM,
00:20:41I welcome my second guest, Eliana Bercoque, commercial
00:20:44director of Laser Airlines, we are going to talk about the
00:20:48reactivation of flights after the seismic double. Eleana,
00:20:51welcome eh, I want to start, well, talking
00:20:55about eh Laser was an airline affected, they unfortunately
00:20:58had human losses in social networks, as
00:21:02well they published it. How are you
00:21:04as a team? Yes, well, eh, grateful for this
00:21:08space to be able to communicate to all your audience how we have been
00:21:11reestablishing our operations, and yes,
00:21:14unfortunately, we lost 16 workers, eh, administrative
00:21:17workers, workers. both pilots and flight
00:21:21attendants eh unfortunately they were in their homes
00:21:24when the double earthquake occurred
00:21:28and we have been reestablishing all the
00:21:31operability mainly hand in hand with each
00:21:35of the workers and 90% of our workers
00:21:38live in La Guaira, live in La Guaira, in Catia La Mar eh
00:21:42towards La Guaira state it
00:21:45has been positive because the renewal of our flights
00:21:49was not so... immediately, in fact we restarted international
00:21:52flights on July 1 with which we began to
00:21:55operate, but part of our workers were always willing
00:21:59to continue their work, to be willing to
00:22:02collaborate, no, but well, many wanted to keep their families
00:22:06stable, those who did not suffer anything but material
00:22:08losses, some wanted to look for relatives that they still had not
00:22:12found, who were missing, but today
00:22:15we have staff who live both in Barcelona and in
00:22:18Maracay and well, we have
00:22:22those staff who have been quite receptive
00:22:25and knowing that their contribution and support is important for
00:22:29the company to be operative today, let's talk about that
00:22:32July 1 as you mention when flights were reactivated, they started
00:22:36with international flights, from which terminal
00:22:40can we leave now if we have to travel outside Venezuela, yes,
00:22:43we are currently operating from the José Antonio Anzoátegui airport eh with
00:22:47the four international destinations we have at this moment. such as
00:22:50Madrid, Bogotá, Santo Domingo, Dominican Republic and
00:22:54United States, Miami, where we are operating there, with frequencies depending on the
00:22:58destination, daily, some every other day, twice
00:23:02a week, and well, we have already been there for a month
00:23:05having Barcelona as our main international operations hub and
00:23:09in a very positive way, I think the first two weeks of the reactivation of flights
00:23:12were a bit of adaptation both for us and also for the
00:23:16passenger, the fact of
00:23:20not having Maiquetía available, of not having Maiquetía available, how do I
00:23:24get around, does the company give me transportation, do I get around on my
00:23:27own, how long do I have to arrive, how much does it cost me to get there,
00:23:31but well, today we have already had after a month of having
00:23:35passed this tragedy and established the operation in
00:23:38Barcelona, we have very good occupancy percentages, it has been
00:23:41positive, you also took care of rescheduling
00:23:45those flights that had been lost due to the contingency,
00:23:48due to the closure of... these passengers, what
00:23:52options did you offer these passengers, yes, these
00:23:55passengers who were approximately 10 days that we
00:23:59did not have operation, which was from the 24th, from the 24th
00:24:03even because at the time of the double
00:24:06earthquake I was on the runway, that is, embarking
00:24:09passengers who were going to Madrid because our Madrid flight
00:24:13was scheduled to depart at 5:30 but due to
00:24:16some logistical issues it was delayed for a few minutes.
00:24:20We also had the Barcelona flight, we also had a flight from Porlamar and we had
00:24:24embarked passengers, no eh, and from the 20th these
00:24:29the moment we resumed, we gave them the possibility that they could
00:24:35moment we reactivated operations without any
00:24:38cost and even the passengers who were
00:24:41later eh on date and with a ticket already eh ticketed
00:24:45leaving from Maiquetía, we rescheduled them without any cost via Barcelona,
00:24:49that is, if you had... a ticket to travel on August 10, August
00:24:5215, we took care of relocating
00:24:55you as long as the passenger accepted that they wished
00:24:58to travel to keep their flight for those who did not want to keep their
00:25:02flight, well, they left their ticket open and could
00:25:06put a later date when many passengers
00:25:09are waiting for the reactivation of Maiquetía, ah, I was going to ask that
00:25:13question that perhaps is the one we all want an answer
00:25:16when Maiquetía is estimated to be operational
00:25:20again, what, what information do you have, if this activation will be
00:25:24partial, eh, what do you know in Laser, well,
00:25:28eh, the information we have received first hand from the authorities, eh,
00:25:31both from Iaín and from Inat, who have been or are the
00:25:35institutions that are currently presiding over all the
00:25:37operations of air operations
00:25:40and we have a tentative date which is the 24th
00:25:44of August, to start with partially approximately with a
00:25:4830, 35% of the global operations of the
00:25:51airport, there all the airlines that we used to have
00:25:55here can enter, and what we are waiting for is what the
00:25:58new routes would be designated by each
00:26:01operator to operate in this train. percent that will resume, no,
00:26:04it could be an international flight, it could be a national flight, it could be one flight or two
00:26:08international flights, we are waiting because, well, the logistics that are being
00:26:12set up do not have the capacity to reactivate all the
00:26:16operations we had, what is intended is that
00:26:20this 30% resumes two or three flights, as
00:26:23I told you, and that the rest of the operations continue
00:26:26in the airports that have been activated, such as
00:26:30Valencia, such as Barcelona, such as
00:26:32Barquisimeto, and well, in our case also,
00:26:36the airport of the Liberator base in Palo Negro, where we are operating
00:26:39national flights. What can you tell us about how your team
00:26:43has behaved with these new terminals that were activated, Valencia,
00:26:47Barcelona? No one was prepared for this tragedy, but you as a team,
00:26:51well, you were able to resolve it. Yes, as I told you, part
00:26:54of the staff that today makes it possible for
00:26:57our flights from Maracay to depart and our staff that makes flights from
00:27:02La Guaira, resilient staff, staff committed to the
00:27:05organization, which we have also allowed them to feel a little
00:27:09peace of mind, we have transferred more than
00:27:1230 people approximately to each of these stations because
00:27:16traffic personnel, profile personnel, security personnel,
00:27:20platform personnel, dispatch personnel are required, so it is a
00:27:24fairly large logistics that, well, just as the passenger is being affected by
00:27:27mobilizing, the company has also had to adopt some protocols to
00:27:31be able to have this operation. this operation, but we are
00:27:34here to serve each of our passengers
00:27:37and since July 17th, we have also been operating
00:27:41in Palo Negro. Eliana, to conclude, how are you preparing for this
00:27:45holiday season? You already told us about the estimated date when
00:27:48Maiquetia could partially start operating again,
00:27:51what are the most requested destinations during
00:27:55holidays by the sea, I imagine. Yes, from Palo Negro on
00:27:59July 17th, we started our operations.
00:28:03Currently, we are flying to four main destinations,
00:28:06Maracaibo, Vigía, Porlamar, and Barcelona. In the
00:28:09case of Barcelona, we have arranged two daily
00:28:12itineraries, one at 8 in the morning, one at 2 in the afternoon, which allows
00:28:16connectivity with international flights, easily, simply,
00:28:19we receive the luggage and the passenger
00:28:23picks it up at the final destination to cut down transfer
00:28:26times. In the case of Porlamar, we have two
00:28:29daily flights as well, one at 1 and one at 6 in the
00:28:33afternoon. For Maracaibo, we have one flight at 11 in the
00:28:36morning and Vigía at 10.
00:28:39Currently, the reception of national destinations
00:28:43has also been positive, undoubtedly
00:28:46Porlamar has been the preferred destination for
00:28:49each of the passengers and gives rise to the fact that the
00:28:53holiday season will be activated as planned.
00:28:56Also, we also have the traditional
00:29:00event nearby, which is the Virgen del Valle, and many people also
00:29:04tend to travel to Margarita Island, and we believe
00:29:07that it has been positive, I think it has been a matter of
00:29:11adaptability for everyone, as we discussed, both for the passenger
00:29:14and for the airlines, and the important thing is that there is an option of how
00:29:18to travel not only within Venezuelan territory, but also
00:29:21how to travel to international destinations that
00:29:26the companies that operate here in Venezuela. Thank you, Eliana, for being with us, social
00:29:30networks, I know you are there informing about routes,
00:29:34destinations, assistance to the traveler. Yes, you can
00:29:37find us through our website wwwrairlines.com,
00:29:39you can find us through our
00:29:43Instagram, Facebook, Twitter, through Laser Airlines
00:29:46official, our customer service
00:29:49channels 0800 Laser 00 and
00:29:52our WhatsApp where you can also find us. Through any of the channels you can
00:29:56get information about our itineraries and destinations we fly to. Thanks again,
00:30:00I had the pleasure of talking with Elia Coque, Commercial Director of Laser
00:30:04Airlines. Thank you also for tuning in, remember that we have an
00:30:07appointment this Thursday at 9:30 in the morning.