Sustainable Tourism Law
430 SUSTAINABLE TOURISM LAW VII – access to judicial and administrative bodies with a view to preventing or redressing personal and moral damages, individual, collective or diffuse, ensuring legal, administrative and technical protection to those in need; VIII – the facilitation of the defence of his rights, including the reversal of the burden of proof, in his favour, in the civil proceedings, when the allegation is probable at the discretion of the judge or when his situation is disadvantaged, according to the ordinary rules of experience; IX – (Vetoed); X – adequate and effective provision of public services in general. * (emphasis added) According to the above, the consumer has the legal right to full, transparent and secure information about what he is hiring, a first example of which is that the Brazilian legislation is in compliance with the Global Code of Ethics for Tourism, as Article 6 (1) states that professional travel agents are also obliged “ to provide tourists with objective and authentic information on the destinations and on the conditions of travel, reception and stay’ , and continues by saying that travel agents ‘shall ensure the absolute transparency of the clauses of the contracts they propose to their customers, both with regard to the nature, price and quality of the services they have undertaken to provide, and with respect to the financial compensation applicable in cases of unilateral breach of such contracts”. Following the same connection to the code of ethics now under study, the Brazilian Federal Decree nr. 7.381/2010, also in effect, and which regulates the so-called General Tourism Law (Federal Law nr. 11.771/2008), says: Article 32. Contracts for the provision of services offered by travel agencies shall provide: I – the conditions for alteration, cancellation and reimbursement of the payment of the services; II – the companies and undertakings included in the package travel; III – any existing restrictions on its realization; and IV – other necessary and appropriate information on the service to be provided. Once again, the Brazilian legislation is aligned with the Global Code of Ethics for Tourism, since it requires travel agencies to enter into a contract with
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