Clipping of news on Brazilian Culture, Law and Citizenship
03/14/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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If the consumer can not be entitled to the services offered, it can cancel the reservation, get the money back and even enter a claim for material and moral damages
Gladyston Rodrigues / MS / D.A Press
Attorney Patricia Antonacci contracted hotel services in Thailand by the website, but the room was very different and worse than advertised (photo: Gladyston Rodrigues / MS / D.A Press)
It was to be a nice hotel in Thailand, at the turn of the year. At least that's what promised the travel site where the reservation was made and also the pictures posted on the page. But live, it was not so, says the lawyer and university professor Patricia Antonacci. "I always plan my own trips, so sometimes happens to go through either stuck. I read all the reviews on the websites of hotel reservations before closing and picked up tips on travel blogs too, but at the last New Year's Eve, I planned a trip to Asia with only 15 days in advance. Being high season, most of the hotels and recommended were already crowded. So I had to resort to other options. "
According to her, we booked had a new part and an old part, but the site only had pictures of the new part. "But getting there, the room was very different from what was in the photos. It had musty smell, the furniture was old, the TV did not work, the floor was green cement, there was no box in the bathroom, in short, it was horrible, "he says. In addition, the site, according to her, said the hotel's location was great, but the property was far from central and hard to find area. At the time of claim, another difficulty. The staff did not speak fluent English and there were no other rooms available. I could not ask for a refund, because everything had been paid in advance.
Despite the setback, she said she was not stressed. "Only I recommend reading all the reviews before choosing a hotel. It's cool also try to identify the profile of those comments. For example, a mature couple will have a different opinion than a single traveler, "said the lawyer, who has lived in France and the United States.
care
For the director of the Assembly Procon, Marcelo Navarro, to avoid hassles during leisure trips you need to take some care. In the case of booking hotels, one of the guidelines is to print contracts and also the pages with offers of rooms and services offered. According to him, Article 30 of the Consumer Protection Code requires that all, offered on websites and other media, is fully complied with. "If the site says that the hotel is five star, the rooms have this or that, the breakfast is one way or another, have to be fulfilled. The consumer is entitled to what is there. "To ensure that this happens, it suggests that all advertising pieces to be printed and taken to the contracts.
If the consumer can not be entitled to the services offered, it can cancel the reservation, get the money back and even enter a claim for material and moral damages. This action must be filed within 30 days after the return of the trip or up to five years in case of serious damage.
In the case of leases by season, the rule, he said, is the same for rents for long periods. "You have to make a preliminary inspection in the presence of any witnesses, and check out the property situation and all equipment and appliances offered exist and are working. Do not enter if you are at odds, "warns. If the consumer decides to remain so even in the property, he may ask for a proportional reduction of the amounts paid, since not everything that was offered there or is working. "
Claims
Marcelo also guides the consumer to take with him a copy of the contract and of all material available on the apartment or house to be rented. The care should be taken in case of international travel. "If a problem occurs with the lease in Brazil, it is easier to solve, but out there is all the more difficult." The director of the Assembly Procon also says that the renter or the agency that takes care of the lease may require a deposit to secure the compensation for damage to property. It can be by check, cash or credit card and the value can not exceed three times the rent. Complaints about problems with hotel reservations or rental through the Internet can be brought to Procon or to justice. The deadlines for complaints in the case of rent per season, are the same for reservations at hotel.
The managing director of the Brazilian Association of Travel Agencies (Abav-MG), Regina Casali says it safer for the consumer is to make hotel reservations through a travel agent. According to Regina, they know the hotels, are a reference to the consumer and can help locate another room or hotel in case of problems.
WHAT DOES CODE 0
Art. 30: All information or advertising, sufficiently precise, conveyed by any means of communication with respect to offered or provided goods and services, obliges the supplier to make vehicular or her to use and integrates the contract that may be entered .
Art 49: The consumer can withdraw from the contract within 7 days of your signature or receipt of product act or service whenever hiring supply of goods and services occur off-premises, especially by phone or the home.
Sole Paragraph: If the consumer to exercise the right of cancellation provided for in this article, any amounts paid, for any reason, during the period of reflection will be returned promptly, monetarily updated.
Source: State of Minas
To access the site Estado de Minas, click here.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.