It is vital to take into account the definition of distance sales, which as established by Law 1480 of 2011 in Article 5 have to be those carried out without the consumer having direct contact with the product acquires that They are given by means such as mail, telephone, or via e-commerce catalog, the above in order to comply with the requirements demanded by law as follows:
- Information Retracto and Desist:The withdrawal and withdrawal are two legal concepts that allow the service consumer “opt out” of the decision on the sale or “let go” of it, in terms of air tickets and tourism plans, such rights are regulated independently , so that a wider explain so that the issue is clear for implementation due on the website so.
- Tickets:In the field of airline tickets these figures are regulated by the Aviation Regulation Colombian No.3, where besides regulating the legal figures as such, the lender has the duty to inform the same to the consumer so that he knows the opportunities provided and know in advance how you can exercise and develop their rights, these figures provide:
Abandonment in the aviation sector states that the passenger may cancel the trip until 24 hours before as long as it does not involve promotional fares, which must be previously registered by the carrier to the Civil Aeronautics. To do this, the airline or agency that has made the sale of the ticket, give order to the financial institution corresponding refund within no more than 5 business days after the request of the passenger.
“188.8.131.52.1 .: applies for the provision of air transport services, regardless if it is a face or distance selling.
The passenger may cancel the trip before its commencement by giving notice to the carrier or the travel agent at least 24 hours prior to the flight. In these cases the carrier or travel agency, in accordance with fare conditions may withhold the agreed percentage which shall not exceed 10% of the value received for tariff, excluding taxes, fees and administrative fee. The retention is to be made for passenger conveyor.
Nothing in this paragraph do not apply in the case of promotional rates, unless it is provided by the conveyor, in which event it is applied in accordance with the terms offered.
The airline or travel agency that has made the sale of the ticket, give order to the financial institution of the corresponding refund within no more than 5 days following the request of the passenger business days. Airline or Travel Agency must reimburse the money to the passenger within a maximum period of 30 calendar days from the communication of withdrawal.
If the passenger gives up the trip by giving notice to the travel agent who made the sale of the ticket as an intermediary, it shall reimburse the money to the passenger once the airline makes available the corresponding amount without prejudice to the period of thirty (30) days previously described.”
Retract, which only applies to non-traditional sales or distance must be exercised within 48 hours of the purchase provided that between the time of their timely exercise and the planned date for the start of the service mediates a deadline for national, greater than or equal to 8 calendar days flights and international flights equal to or greater than 15 calendar days.
“184.108.40.206.2.Emption in the event of sales made through non-traditional methods or distance Decree 1499 of 2014. In contracts for the provision of air transport of passengers to be perfected through the mechanisms of sale concerns that it refers Decree 1499 of 2014 shall mean the right of withdrawal agreed in favor of the purchaser of the ticket, according to the following:
- It may be exercised by any seller service channel, within forty-eight (48) hours following currents to the purchase.
- May only be exercised with equal or greater than eight previously (8) calendar days from the time of their timely exercise and the planned date for the start of the flight for domestic operations. In case of international operations, the term shall be equal to or greater than fifteen (15) calendar days.
- Apply for the sales through untraditional methods or distance Decree 1499 2014 refers to.
- The above conditions are essential and are not mutually exclusive.
- The retention is to be made for passenger conveyor. It is equivalent to sixty thousand pesos ($ 60.000.oo) for domestic tickets or fifty dollars (US $ 50) for international tickets by applying the official exchange rate approved by the Bank of the Republic for the day when the passenger informs the carrier or travel agent recant his decision. In any case, the retained value may not exceed ten percent (10%) of the value received for tariff, excluding taxes, fees and administrative fee.
- The amounts set out in this paragraph, shall be adjusted first of February each year according to the increase in the Consumer Price Index (CPI) for the previous year.
- The airline or travel agent who sold the ticket, must repay the money to the passenger within a maximum period of thirty (30) calendar days from the communication of withdrawal.
- If the passenger exercises his right of withdrawal to the travel agency that made the sale of the ticket as an intermediary, it is for repayment of money that may be required, once the airline makes available the corresponding amount, without prejudice period of thirty (30) days provided for in the preceding paragraph for the money back to the passenger becomes effective.
- The passenger is entitled to a refund of the airport tax. those fees, taxes contributions that I regulation excludes non-refundable.
- The seller must inform the buyer both in the process of acquiring the service, as at the time of the ticket or air ticket has been issued, the conditions for exercising it, as all the consequences arising from its implementation, in accordance as provided in paragraph 220.127.116.11.1del RAC, Article 46 of Law 1480 of 2011. “
It is important to note that travel agencies must inform the user on their websites when purchasing the ticket on the possibility of exercising the right of withdrawal:
“18.104.22.168.1.Special Duty sales information online or distance. Airlines, travel agents or brokers, they must include in their platforms for selling tickets online or at a distance, and especially during the buying process, information complete, sufficient and clear information about the conditions under which passengers can exercise the withdrawal or withdrawal, as appropriate, as well all the consequences arising from its implementation, in accordance with the provisions of paragraph 22.214.171.124 of the RAC. “
Inform users of the rights acquired by performing distance sales, considering that on this apply independent figures. Such as his rights in distance sales.Additionally, it is important to note that the Civil Aviation issued specific recommendations in order to strengthen the AGV system guarantees and recognized users of air transport rights, emphasizing the following obligations:
- The importance of implementing the system double click event promotions and / or promotional fares (explained later).
- The duty to report the withdrawal and withdrawal form prior to the acquisition of the service, with clear information to be suministrársele front passenger figures of withdrawal and redemption.
- The need for mechanisms and procedures for complaints and suggestions on the website of the agencies, so that users can easily access this service, providing a number of filed and the time will answer .
Tourist packages:Law 1480 of 2011 Article 47, which applies to package tours, land lots, attendance cards and any other service provided by the travel agency without exception, should be equally informed the customer, so that it has clear knowledge about their rights, it states:
Article 47. recanted. All contracts for the sale of goods and services by financing systems granted by the producer or supplier,selling timeshares or using non-traditional sales methods or distance, which by their nature should not be consumed or have not started running within five (5) days shall mean the right agreed Withdrawal by the consumer. In the event that use of the option of withdrawal is made, the contract will be resolved and must repay the money the consumer would have paid. The consumer must return the product to the producer or supplier through the same means and in the same condition as received. Transportation costs and others that entails the return of the good shall be borne by the consumer.
The maximum term for exercising the right of withdrawal shall be five (5) working days from delivery of the goods or the contract in case of service delivery.Excepted of the right of pre-emption, the following cases:
- In contracts for the provision of services whose performance has begun with the consumer’s agreement;
The supplier must return money to the consumer all sums paid without it being necessary to make deductions or withholdings in any way. In any case the money back to the consumer may not exceed thirty (30) calendar days from the time he practiced law. “
Aviation Regulations Colombiano. 3 In the case of promotions or promotional rates that are offered through the website of the company should implement a mechanism double-click, as established in the RAC 3 so that the client has the opportunity to verify correctly services or products purchased, and the AGV is exonerated of the respective penalties can be up to 450 smlmv.
“126.96.36.199.2. Promotions offered to the public. The information supplied in connection with promotions offered to the public, must contain conditions, circumstances of time, method and place or any other requirements or conditions that are required to implement the offering, as well as the applicable restrictions should take into account the passenger to make effective promotion.
The information is provided in front of the promotions offered must be real, clear, truthful, adequate, timely and understandable disclosure in the notice,website, flyer, or any medium used to disseminate or publicize the promotion and must be complied fully with advertised.
The promotional fares must be registered with the Office of Air Transport UAEAC otherwise it’ll not be published or offered to the public. Failure to comply with provisions here, regardless of any sanctions that can generate, mean that for the aforementioned not any retention rate value of the ticket will be enabled in case of withdrawal or redemption of the passenger.
Offering promotional rates through non-traditional methods or channels or remote, must be express and be accompanied the conditions under which the withdrawal or redemption proceeds trip in particular to communicate within the company or airline and the corresponding deduction of the costs involved. In these cases, confirmation of acceptance of passenger related to value, route and schedule must be made through a double acceptance (double click), when it comes to internet platform or confirmation express prior reading of the summary of the terms of the transaction in the case of sales via call center.
Prior to the second acceptance must ensure that the purchaser of the ticket has been informed about the total value of (the) ticket (s) choice (s) including taxes and fees that may apply, the route (origin and destination), class, dates and specific times of flight,Total value of the deductions if they exercise enshrined in Article 188.8.131.52 powers and any conditions for ticket changes.
For the reversal takes place the consumer must file the complaint with the provider within 5 business days I learned of the alleged causal indicating that the property will be available to pick it up. In the same within 5 business days must notify the issuer of the payment instrument, sending record that the complaint was filed with the supplier. The reversal will take effect within a period of 15 working days.Payments reversal of Decree 587 of 2016 This legal concept applies to all sales of products through mechanisms of e-commerce where goods or services acquired through mechanisms of electronic commerce (internet, PSE, Call Center or any other mechanism telesales or online store), and It has been used to pay credit card, debit card or other payment instrument and presents some of the following reasons:
- When the consumer is subject to fraud.
- When an operation is not required.
- When the product is received.
- When the delivered product does not correspond to the request, does not meet the characteristics inherent or attributed to the information supplied about it.
- When the product is defective.
It is important to note that the Decree establishes that shall make available to consumers a form for requesting reversal:
“Article 184.108.40.206.8. Step reversal of payment.
Paragraph 2. Participants in the payment process should be available to the consumer, on its website or any appropriate means, An application form reversal payment, notwithstanding that the consumer can submit the application for reversal payment in another document that meets the requirements set out in this chapter. This form expressly contain the grounds that result in the reversal of the payment which will be identified by the consumer as appropriate. “
- Additionally if you have promotions, please inform the date up to which it will meet or condition that is valid while supplies last, failure to do so means that promotion is valid until it is given to know the revocation of the same , by the same means and intensity which has given originally unveiled.AdvertisingApart from the above information the AGV must comply with the established rules on advertising their products contained in the following:
- Consumer Statute:Generically, the AGV must comply with the provisions of Law 1480 of 2011 holistically to publish any form or content of communication that is intended to influence consumer decisions.
- Resolution 1582 of 2012:As a mandatory rule regarding tickets, cited the provider or intermediary shall inform the user of the aeronautical sector, the total price to pay for the service of air transport, ie including all items, such as taxes, rates, fees and all other values that the passenger be incurred regardless of the medium used for distribution and information, therefore, the user is only required to pay the advertised price. Also you must report the number of seats available at promotional rates and the category to which they belong
- Decree 2438 of 2010:This decree brings specific obligations that will bear the AGV to fulfill its role as a provider of tourism services, including we find:
“Article 2. Any advertising or written information on plans or tourist services offered by travel agencies, It shall contain at least the following: type of accommodation; establishment category if finds it categorized; rates; duration tourism plan; transport; complementary services; name and address of the provider and the corresponding registration number on the National Register of Tourism. Likewise, you should clearly specify the services not included.
The advertising material used in the promotion of the services of travel agencies should be clear, avoiding the use of terms that its ambiguity, might induce in users on the service expectations, higher than those actually Perst. (…)
- In addition, it is important to note that whatever the AGV performs functions of intermediary with foreign companies such as hotels, tour operators, airlines, etc, is required to have this policy signed by the policyholder service to send data his client abroad, otherwise may be fined by the SIC by not having the prerogatives established for the transfer and transmission of personal data.Policy Privacy Act 1581 of 2012 and Regulatory Decree 1377 of 2013It as established in these normativities is important to mention that the AGV must have a policy of personal data protection that allows you to ask clearly and directly to your customer permission for the processing of personal data so within that policy must be entered for the aims which will be collected and the mechanisms provided by the AGV to present any such claim.
- PQRS:Finally it is recommended that the website of the AGV count on a mechanism that allows the user to directly lodge their complaints or claims, with each of the specifications herein are named, in order to give an answer within the shortest possible time or at least within the legal deadline conferred by each of the aforementioned normativities; above so that the AGV is safeguarded from any claim or complaint to the Superintendency of Industry and Commerce or the Civil Aeronautics.