BRAZILIAN PERSPECTIVES OF THE IMPACT OF COVID-19 335 The second norm analysed by the Technical Note is the Consumer Protection Code. The first indications are, on general ideas, related to access to information. The fore duty of information, the copy of contract, the information on the risks and an eventual limitation of freedom of circulation are some of the rights. Regarding the refund value, eventual costs will be fixed based on the contract and on ANAC Resolution No. 400/2016. Additionally, taxes could not have a value higher than the ticket price, even price on sale. However, the Technical Note also indicates that the right of withdrawal is not useful in every case. It was used as an argument the idea of “unmotivated or motivated withdrawal for insufficient juridical reasons such as the fear of exaggerated risks possibly nonexistent”12. It also comments that the right of withdrawal, established in Article 49 of Consumer Protection Code, is for out-of-store purchases and within 7 days; however, online purchases are not included in this case, based on an alleged non-uniformity of authors and discussion concerning the Internet Civil Framework. It continues by mentioning that the possibility to reschedule the travel or to withdraw if the contract allows it, not considering the general principles of Consumer Protection Code. To conclude this part, it declares that any intervention in neither the contracts nor the market itself must consider the Act No. 13.874/2019, named Declaration of Rights of Economic Freedom, to evaluate the economic impacts of the intervention. Going to the Civil Code, the Technical Note produces an ample explanation on the circumstances of force majeure, also mentioning that supplier and consumer must show evidence and proof of a force majeure situation to have access to the right of withdrawal and refund. In the final part of the Technical Note, recommendations are made, namely to avoid the Courts and to try direct negotiation having as base the ANAC Resolution No. 400/2016, Consumer Protection Code and also Civil Code. If the direct negotiation is not successful, it is indicated a SENACON-ADR online platform (consumidor.gov.br), being the courts the last possible option to solve claims. Moreover, there were two useful recommendations given the COVID-19 contamination in Brazil: the first one is that no tourist destination is at risk in Brazil and the contamination risk is low and the second one is that there was no Ministry of Tourism recommendation indicating the cancellation of tourist events based on COVID-19 and, if it happens, this recommendation will be indicated by Ministry of Health. 12 Translated from: “desistência imotivada ou motivada por insuficientes razões jurídicas como o temor de riscos exagerados eventualmente não existentes”.
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