236 COMPETITION LAW IN TOURISM “In other matters, it has been demonstrated that XXX Hotel has incurred in false publicity because the published photographs had no relevant or exact data about the real conditions of the hotel infrastructure, that could allow the consumer to appreciate with objective discernment what was the advantage of getting the offered package in the offered price, making the consumer fall into error and confusion. Additionally, as the information was contained in an ad directed to the general public, it is important to remember the applicable rules, in this case Article 41 of the Law and Article 2 of its general rules that states: ‘(…) False Publicity: any type of information or communication of a commercial nature in which texts, dialogues, sounds, images or descriptions are used, directly or indirectly, even by omission, that induces the consumer to deception, error or confusion, specially about (…) d) the benefits or implications of the use of the goods or contract of the services’. About the conditions of the contract, it is important to clarify that Article 34 a) of Law 7472 states the following: ‘The following are obligations of the commerce and the producer towards the consumer: a) Respect the terms of the contract’. From that article we can extract two basic principles in the consumption relationship – integrity and suitability; upon this base, one can expect that the offered service covers the expectations of enjoyment generated in the buyer at the moment of the transaction, so he will have a plentiful use of the goods or services” (Vote 303-16). “Article 32 c) of Law 7472 establishes as an unwaiverable right of any consumer, independently of his country of origin, the access to truthful and opportune information about the goods and services he is receiving. Concurrently, Article 34 b) obligates each commerce to ‘(…) sufficiently inform consumers, in Spanish and in a clear and truthful way, about the elements that affect in a direct form the consumer’s decision’. In general terms, the requirement is equal to all the necessary data that, in a broader way, the interested party needs to know, in order to clear any doubts that could generate possible damages. This clarity enables the information to be transmitted in a transparent way and therefore ratifies the consumer’s correct understanding of the situation. The truthful signals that the conditions, circumstances and other aspects about the product have been communicated, are true and correspond to an objective and reliable reality. This duty of information, not only applies to the period prior to the decision to buy, but also stays in force during the consumption relationship, and affects any situation that supposes a damage to the consumer’s interests. This protection, additionally, finds its support in the fundamental principle of the consumer rights and economic
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