238 COMPETITION LAW IN TOURISM In case of incompatibility, the particular conditions of the contracts of adhesion shall prevail over general conditions. Ambiguous general conditions must be interpreted in favour of the adherent party”. On this matter we can consult the General Attorney’s Consultation C1762011: “A General Protection of the consumer corresponds to the National Consumer Commission. From the Constitutional Reform to Article 46 by way of Law 7607 of 29 May 1996, the rights of consumers and users are constitutionalized. Thus we recognise the right to the protection of their health, environment, security and economic interests; to receive adequate and truthful information; to the freedom of choice, and to fair treatment (…) The fundamental rights are developed in various laws and in particular in the Law on the Promotion of Competition and Consumer Protection, No. 7472 of 20 December 1994, which extends consumer protection, establishes a regime of sanctions for those who infringe or damage those rights and create an administrative body with autonomous competence, responsible for such defense: the National Consumer Commission. General and broad protection is granted, derived from the recognition of rights to whoever is a consumer, regardless of the nature of the producer or merchant. In principle, pursuant to Article 31 of the cited Law, said rights may be exercised and claimed against a public entity as long as they are in the status of the producer or merchant. (…) Protection exists against the merchant and with respect to the fulfilment of the duties that, due to this condition, concern the consumer. In fact, Article 34 of the Law establishes, among others, the obligation of the merchant and the producer to respect the conditions of the contract, to provide information to the consumer in a clear and truthful manner regarding the necessary elements to exercise the decision to consume or not to consume, in the terms of subsection b) of the article; as well as regarding the proper use of the articles and the risks involved in that use, on aspects related to the repair and sale of spare parts. The obligation established to grant a guarantee to any good or service offered to the consumer and the prohibition to condition sales is relevant. Goods and services’ sales have to meet the quality standards and technical regulations”.
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