Tourism Consumer Protection
TOURISM CONSUMER PROTECTION
RIGHTS OF THE TOURIST
• Receive truthful, clear, understandable and sufficient information in relation to the price, benefits, discounts, coverage, season (high or low) and if it involves the renewal of the service purchased.
• Receive the services they purchase in the terms and conditions offered and agreed.
In the event of non-compliance regarding the services offered or agreed, you may choose:
• Refund of the amount paid.
• Compensation for the non-complying service.
• Exercise your right of withdrawal, in accordance with the provisions of Article 47 of Law 1480 of 2011, Statute of the Consumer.
• Obtain another service of the same quality.
• Present your claim or complaint to the Superintendency of Industry and Commerce.
OBLIGATIONS OF THE TOURIST
To present themselves and use the agreed services. Otherwise, the provider may demand that the user pay 20% of the established price or rate, or retain the deposit previously received from the tourist, if applicable (Article 65, Law 300 of 1996).
Don’t forget that if you wish to extend the agreed services you must communicate this to the provider sufficiently in advance, and that this will be subject to availability and share.
WHO IS THE TOURIST SERVICE PROVIDER?
This is any individual or legal entity that usually provides, intermediates or directly or indirectly contracts with the tourist the provision of services, and which is registered in the National Tourism Register.
The service provider makes the general public aware of their data, in order to monitor the protection of tourists’ rights.
• NAME: HOTEL SORATAMA S.A.
• VAT No: 800 156 522 5
• ADDRESS: CARRERA 7 N° 19-20 PEREIRA, RISRALDA.
• EMAIL ADDRESS: email@example.com
• WEBSITE: www.hotelsoratama.com
• TELEPHONE: +57 (6) 3358650
RIGHTS OF TOURIST SERVICE PROVIDERS
• To be registered in the National Tourism Register, free of charge, subject to fulfilling the requirements established by law.
• To receive fair payment for the services provided.
• To compensation in the event of a no-show by the tourist.
• To receive the professional recognition and protection of the State.
• To due guidance by civil servants of Sectorial Analysis and Promotion Management.
OBLIGATIONS OF TOURIST SERVICE PROVIDERS
• To be registered in and update their data in the National Tourism Register.
• Adapt their publicity in prices, quality and coverage for the service offered and agreed.
• Comply with the standards that govern tourist activity.
• Monitor the satisfaction of consumers.
• Supply truthful, clear and sufficient information in relation to the products they offer.
• Exercise their professional activity within the guidelines of fair competition and loyalty with the tourist and other tourist service providers.
• Comply with and guarantee the services agreed with tourists, respecting the terms and conditions offered and agreed.
• Supply the information and documentation required by the Ministry of Commerce, Industry and Tourism.
• If the provider cannot grant the extension, the law requires the suspension of the service and the necessary measures to be taken so that the user may have their luggage and personal objects, or that they be transferred to a secure and suitable store.
• If it is impossible to provide a service of the same quality, they will be liable for contracting, from a third party, the provision of the service that was not offered (Articles 63 and 64, Law 300 of 1996).
• Adopt the Code of Conduct established by the Ministry of Commerce, Industry and Tourism to protect minors from all forms of exploitation and sexual violence caused by national or foreign tourists, in accordance with the provisions of Law 679 of 2001.
TOURIST SERVICE PROVIDERS MONITORED BY THE VICE-MINISTRY OF TOURISM
• Hotels, holiday centres, campsites, tourist accommodation and other types of non-permanent accommodation.
• Establishments that provide accommodation service per hour are excluded.
• Travel and tourism agencies, wholesalers and operators.
• The offices of tourist representation.
• Tour guides.
• Professional operators of conferences, fairs and conventions.
• Lessors of vehicles for tourism.
• Operators, developers and industrial users in tourist areas.
• Time share and multi-property promoters and project marketers.
• Gastronomy establishments and bars whose net operational income is over the current legal monthly minimum 500 salaries.
• Travel saving and pre-paid tourist service companies.
• Park tourist service franchisees.
• All others determined by the Ministry of Commerce, Industry and Tourism.
• Specialised land motor transport companies, operating companies and others that provide tourist transport services.
WHY A TOURIST SERVICE PROVIDER MAY BE SANCTIONED
When, during the exercising of professional activity, subject to investigation, the provider were to commit any of the infractions outlined in Article 71 of Law 300 of 1996, which consist of:
• Presenting false documentation when requested.
• Using deceitful advertising that does not adapt to their services, quality or coverage.
• Offering deceitful or erroneous information regarding the contract, its terms and conditions or the rights and obligations of tourists.
• Failing to fulfil the services offered.
• Failing to comply with their obligations with regard to the tourism authorities.
• Breaching the standards that regulate tourist activity.
• Operating without being registered in the National Tourism Register.
NON-FULFILMENT OF TOURIST SERVICES
If the service provide does not comply with what is offered or they do so partially, the tourist may turn to the Tourist Protection Group within 45 days following the occurrence of the full or partial incident to formulate their complaint and protect their rights.
HOW TO FILE A COMPLAINT
• File the complaint with the Tourist Protection Group.
• Summarise what happened.
• Name and address of the tourist service provider.
• Name, ID document and address of the claimant.
• Attach photocopies of documents deemed necessary as proof for the complaint presented.
• Send the complaint to the Ministry of Commerce, Industry and Tourism.