COMPETITION LAW IN TOURISM ACTIVITIES 237 interests’ protection that exists in Law 7472 (Article 1) and has also a constitutional base, as stated on the final paragraph of Article 46 of our Constitution” (Vote 79917). “Article 42. Abusive clauses in adhesion contracts In adhesion contracts, its modifications, annexes or addenda, the validity of its general conditions is subject to the effective knowledge of them by the signing part or the certain possibility of having known them by an ordinary communication. It shall be considered as abusive or absolutely null the general conditions of a contract, civil or commercial, that: a. Restricts the rights of the signee, when such circumstance is not clear from the text itself. b. Limits or extinguishes the obligations of the commerce. c. Favours in an excessive or disproportionate way, the contractual position of the commerce to signify a resignation or restriction of the rights of the signee. d. Exonerates or limits the responsibility of the commerce for corporal damage… e. Allows the commerce to unilaterally rescind the contract, modify its clauses and suspend its execution, making null or limiting any rights of the signee, born from the contract, except when such resignation, modification, suspension, nullity or limitation is conditional to the lack of compliance of the contract imputable to the signee. f. Obligates the signee to resign beforehand to any right based on the contract. g. Implicates a resignation by the signee of its procedural rights stated in the Civil Procedural Code or special laws. j. Those who do not state the form of payment, interest rates, charges and other interests, any extra charges and other obligations that the user is obligated to pay when signing the contract. The general conditions in civil or commercial contracts of adhesion are abusive and relatively null and void when they: a) Confer the pre-establishing party disproportionate or inaccurate periods of time to accept or reject a proposal or provide a service. b) Grant the pre-establishing party a disproportionate or insufficiently determined term by default to comply with its duties. c) Force the will of the adherent party to be manifested by presuming the knowledge of other regulatory bodies which are not an integral part of the contract. d) Establish compensations, penalty clauses or disproportionate interests, in comparison with the damages, to compensate the adherent party.
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