COMPETITION LAW IN TOURISM ACTIVITIES 235 Constitution analysed above, in so far as their essential content is respected, that is to say, if there are no imposed limits that hinder the activity beyond what is reasonable, that make it impracticable or not profitable at all. 2. LAW 7472 ON THE PROMOTION OF THE COMPETITION AND THE EFFECTIVE CONSUMER’S DEFENSE Law 7472 on the promotion of the Competition and the Effective Consumer’s Defense regulates commerce obligations, among other relevant matters concerning tourism: “Article 34 – Commerce obligations The following are commerce and producer obligations towards the consumer: a. Respect the terms for the contract (…) c. Offer, promote or publicize goods and services in accordance with the rules of article 37 of this Law (…) g. Guarantee all goods and services are offered to the consumer in accordance with the rules of article 43 of this Law. h. Abstainwith restraint from speculating or conditioning the sale or discriminating the consumption. i. Assume the responsibility of resolving the contract, when there is an obligation of repairing and it is not satisfied in a reasonable time. j. Fix prudential time frames to formulate claims. k. Establish in the sales by monthly payments guarantees of proportional payments according to the conditions of the transaction. All information, publicity or offers made to the public of goods and services, transmitted by any communication mean or form, involves the producer that transmits, uses or orders it and it is considered part of the contract. The non-compliance with any of the obligations mentioned in this article allows the consumer to access the National Consumer Commission created in this Law, or the competent jurisdictional offices, to make use of its rights, in the terms stated in Article 46 of this Law”. The National Consumer Commission has made different rulings to clarify this article, for example:
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