11/04/2013
Travel agency responsible for not informing vaccine need to travel abroad Autor: TJ/RS
The 12th Civil Chamber of the Court of Rio Grande do Sul condemned unanimously, the agency Unesul Tourism LTD. for violating the duty to inform the couple that had interrupted the trip to Costa Rica for not possessing a vaccination card.
Case
The appellants purchased a tour package honeymoon to Costa Rica that included air, land and accommodation with breakfast at a cost of R $ 13,771.84. The trip lasted 15 days, but were denied entry when they arrived to Panama, where they would make the connection, for not possessing a portfolio of vaccination against yellow fever. Unable to continue the trip, had to bear the expenses such as food, with luggage disorders, among others. Besides being forced to find another travel agent and shouldering costs of R $ 14,228.90, delaying the arrival in two days to Costa Rica.
The defendant claimed that he had information about the documentation required in the contract and can not be ignored by the authors, a doctor and a lawyer, for being educated and with good intellectual condition.
The authors used the TJRS after Judge Luiz Menegat, the District of Porto Alegre, judge dismissed the action, denying the request.
Resource
The authors then brought an appeal before the Court.
The decision of the appeal of the Rapporteur, Judge Umberto Guaspari Sudbrack condemned the Unesul Tourism LTD. to pay material damages in the amount of R $ 14,228.84 and $ 8000 for each of the authors.
It was up to the defendant (D) demonstrate effective compliance with the duty of disclosure, which corresponds to the right of the consumer to the ground clear and adequate information about the product or service (art. 6, III, CDC). He stressed that the contract should at least make clear and explicit mention of the need to make the appointment date listing, available online at the agency's website. What, however, did not occur, found.
Participated in the trial Judges José de Camargo Flôres Aquino and Ana Lucia Carvalho Pinto Vieira Rebout, who voted according to the rapporteur.
Civil Appeal No. 70044967461
