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Antonio Bolaños

LAW OF RETRACT, DECLINING AND REVERSING PAYMENTS

1.RETRACT:

Law 1480 of 2011 Article 47 (Superintendence of Industry and Commerce):

This law applies to tourist packages, land portions, attendance cards and any other service provided by the travel agency without exception.

In all contracts for the sale of goods and provision of services through financing systems granted by the producer or supplier, sale of timeshares or sales using non-traditional methods or distance, which by their nature should not be consumed or have not begun be executed before five (5) days, it will be understood agreed the right of withdrawal by the consumer. In the event that use of the right of withdrawal is made, the contract will be resolved and the money that the consumer has paid will be refunded.

The maximum term to exercise the right of withdrawal will be five (05) business days from the delivery of the property or the conclusion of the contract; in contracts for the provision of services, those whose service has begun with the consumer's agreement are excepted.

With the withdrawal, the supplier must return all the sums paid to the consumer in cash without any deductions or retentions for any reason, this refund may not exceed thirty (30) calendar days from the time he exercised the right.

AEROCIVIL RAC 3 Numeral 3.10.1.8.2 .:

This Regulation applies punctually for the provision of air transport service.

In contracts for the provision of air passenger service carried out through non-traditional or remote methods referred to in Decree 1499 of 2014, the right of withdrawal in favor of the purchaser of the ticket of the following shall be deemed agreed. way:

  1. a) It may be exercised through any channel of attention of the seller, within the forty-eight (48) current hours following the purchase operation.

  2. b) Only when it is exercised with a precedence equal to or greater than eight (08) calendar days between the time of its timely exercise and the date scheduled for the start of the flight for national operations, for internationals the term shall be equal to or greater than fifteen ( 15) calendar days.

  3. c) When the ticket has been purchased through non-traditional or remote methods.

 

The airline or the travel agent that sold the ticket must reimburse the money to the passenger within a maximum period of thirty (30) calendar days from the communication of the withdrawal. If the passenger exercises the right of withdrawal before the travel agency that made the sale as an intermediary, the latter will reimburse the money once the airline places at its disposal the corresponding amount, without prejudice to the thirty (30) days period described above.

The retention made to the passenger will be made in favor of the carrier ... the value withheld may not be more than ten percent (10%) of the value received for the fare, excluding taxes, taxes and administrative fee.

WITHDRAWAL Numeral 3.10.1.8.1 .:

Applies for the provision of air transport service, regardless of whether it is a face-to-face or distance sale.

The passenger may withdraw from the trip prior to initiation by notifying the carrier or the travel agency at least 24 hours prior to the flight.

In these cases, the transporter or travel agency, in accordance with the conditions of the tariff, may retain the agreed percentage, which may not exceed 10% of the value received as a fee, excluding taxes, taxes and administrative fee. The retention made to the passenger will be made in favor of the carrier.

The provisions of this section shall not apply in the case of promotional rates, unless it is offered by the carrier, in which event it shall be applied in accordance with the conditions offered.

The Airline or Travel Agency that has made the sale of the ticket, will order the financial institution of the corresponding return within a period of no more than 5 business days following the request of the passenger.

The Airline or Travel Agency must reimburse the money to the passenger within a maximum period of 30 calendar days from the notification of the withdrawal.

If the passenger desists from the trip and notify the travel agent who made the ticket sale as an intermediary, he will proceed to refund the money to the passenger once the airline makes available the corresponding amount without prejudice to the period of thirty (30) days previously described.

REVERSION OF PAYMENTS - Decree 587 of 2016 :

Applies to the entire sale of products through electronic commerce mechanism.

This regulation becomes effective as of October 11, 2016, when goods or services are acquired through electronic commerce mechanisms (Internet, PSE, Call Center or any other telesales mechanism or virtual store), and have been used. for payment a credit, debit or any other payment instrument and any of the following causes:

a) When the consumer is subject to fraud.

b) When it is an unsolicited operation.

c) When the product is not received.

d) When the product delivered does not correspond to the requested, does not comply with the inherent characteristics or attributed in the information provided on it.

e) When the product is defective.

In order for the reversal to take place, the consumer must file a complaint with the supplier within 5 working days after he or she received notice of the alleged cause. It must indicate that the property will be at your disposal to collect it. Within the same period of 5 working days, you must notify the issuer of the payment instrument, sending proof that the complaint was filed with the supplier.

The reversal will be effective within 15 business days.

For more information we can attach the following regulations:

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