A tour that never left, a transfer that never showed up, a hotel different from the one in the package, or a service cancelled without a refund: these are frequent problems for visitors to Brazil. When the seller operates in Brazil, the Brazilian Consumer Protection Code applies and protects you like any other consumer.
What the agency offered is binding
The offer, the brochure, the ad or what was promised to you by message are part of the contract. If the agency does not deliver, you may, at your choice (art. 35 of the Consumer Protection Code):
- demand that the offer be fulfilled;
- accept another equivalent service; or
- cancel the contract and get back what you paid, adjusted for inflation, plus losses and damages.
If the service was provided, but poorly or differently from what was offered, you can ask for it to be performed again at no cost, for an immediate refund or for a proportional price reduction (art. 20).
Is the agency liable for the hotel or the guide?
As a rule, yes. The supplier is liable, without the need to prove fault, for damage caused by defects in the service (art. 14), and is jointly liable for the acts of its representatives (art. 34). When more than one party caused the damage, all are jointly liable (arts. 7, sole paragraph, and 25, § 1). In practice, the agency that sold you the package cannot simply blame the hotel or the tour operator.
If you bought from an agency in your own country
Brazilian courts can hear the case when the company is domiciled in Brazil, including a foreign company with an agency, branch or office here, or when the obligation was to be performed in Brazil (art. 21 of the Code of Civil Procedure). If you bought the package from an agency in your country with no presence in Brazil, it may be better to claim there. I assess this before taking any step.
What to do now
- Complain to the agency in writing and keep its reply, or its silence.
- If you paid by card, ask your card issuer about disputing the charge.
- Take screenshots of the ad and the offer before they are taken down.
- Keep the receipts for the extra expenses the problem caused you.
How to claim from home
You do not need to stay in Brazil: the power of attorney is signed by hand and sent scanned, and the lawyer represents you in the proceedings.
Costs. Going to court in Brazil is not free: there are court fees when the case is filed, the lawyer's fees and, if the case is lost, the other side's attorney fees. People who live outside Brazil may also have to post a security deposit. Everything is explained before you decide: see Claiming in Brazil while living abroad.
Frequently asked questions
Can I get my money back if a tour I booked in Brazil did not take place?
Yes. If the agency did not deliver what it offered, you can choose between demanding it be fulfilled, accepting an equivalent service or cancelling and getting back what you paid, adjusted, plus losses and damages (art. 35 of the Consumer Protection Code).
Can the agency blame the hotel or the guide?
As a rule, no. The agency is liable for defects in the service it sold and for the acts of its representatives (arts. 14 and 34 of the Consumer Protection Code).
