He Second Nomination Civil, Commercial, Conciliation and Family Court of Third River ordered a travel agency to return the money that a client of the service had paid for the reservation of accommodation in three hotels in the city of Miami, United States, where he planned to stay with his family during the year 2020.
A family asked for their money to be returned or their agreed stay to be rescheduled. Since none of that materialized, the June 15, 2020 filed a complaint with the office of Defense of the Consumer of the Province.
Given the lack of answers, the case ended in Justice. Finally, the judge Silvana Asnalcondemned the company Almundo.com SRL to return to the plaintiff 75,807 pesosfor the stays in the hotels and that he also pays 100 thousand pesos for non-pecuniary damage.
The travel company must also pay a fine of 150 thousand pesos, in favor of the victim. All amounts, when paid, must be plus interest (applicable from June 2020 to September 2022).
Likewise, the judge remarked that it was an electronic contract, which increases the unfavorable position of the consumer. The magistrate argued that companies that use internet contracting have the burden of bearing the risks that this modality entails. In any case, she concluded that the company’s breach was evident not only because it did not return the money that the client paid for a service that he did not receive, but also because it did not offer valid alternatives to change or solve the problem.
In addition, it applied to the defendant a sanction in the concept of punitive damage for 150,000 pesos, in favor of the victim, which will accrue interest from the time the sentence becomes final.