If you are a tourist in Peru, the last thing you want is for your trip to be ruined by a scam. Unfortunately, some take advantage of visitors' goodwill. In this article, we'll show you how to protect yourself from deceptive business practices and what to do if you find yourself in a difficult situation.

Here, we share the case of a foreign tourist client who was scammed by a travel agency in Lima. This experience serves as a warning for others and shows how you can effectively defend yourself with the help of a legal expert like Alberto Miranda.

The Real Case: A Prize or a Trap? The Truth Behind the Offer

Imagine walking peacefully through the iconic Kennedy Park located in the Lima district of Miraflores, enjoying your stay in Peru, when suddenly you're approached with the promise of an incredible prize: a free trip to Cusco with accommodation in a 5-star hotel. This happened to a foreign tourist client in November 2023, who thought she had gotten lucky. However, what seemed like a tempting offer quickly turned into a nightmare.

The travel agency representative convinced her to attend a talk where she was asked to sign a membership contract. At that time, a clear and detailed explanation of the terms and conditions was not provided. The pressure of the moment and the lack of clear information led her to sign an agreement she did not fully understand. This is a clear violation of the Article 2 of the Consumer Protection and Defense Code, which requires providers to inform truthfully and in detail about the conditions of the services offered.

Relevant Aspects of the Signed Contract

• Lack of Transparency in Terms and Conditions: The contract includes ambiguous clauses about the consumer's obligations and rights. No detailed explanation was provided, which led the client to sign without adequate understanding, violating Article 2 of the Consumer Protection and Defense Code.
• Abusive Clauses: Excessive penalties are stipulated for the client's cancellation or modification of the agreement, without equivalent rights for the company. These clauses could be considered abusive under Peruvian law.
• Hidden Payment Conditions: Despite verbal promises that there would be no additional costs, the contract details hidden payments that were not explained. This violates Article 2 and 8 of the Consumer Protection and Defense Code.
• Dispute Resolution Process: The contract mentions a burdensome process for the client, without accessible alternatives such as INDECOPI's intervention, which could discourage the consumer from claiming their rights.
• Liability Exemption: There are clauses attempting to exempt the company from liability in case of non-compliance, which could be considered null under Peruvian law, particularly according to Article 50 of the same Code.

Additionally, during the process, she was verbally assured that there would be no membership fees and that all services were free. However, she soon discovered that this was not true and that the supposed "gifts" had hidden costs. This deception constitutes a violation of Article 8 of the same code, which prohibits deceptive business practices. To make matters worse, when she tried to contact the agency, she received no response, violating Article 24, which obliges companies to address and resolve consumer complaints promptly.

This case is not isolated. The same travel agency has been repeatedly reported since 2023 for unfair business practices, operating under different names to evade justice. However, thanks to the legal actions we took, we managed to get INDECOPI to rule in favor of my client, ensuring a full refund of her money. This outcome shows that with the right legal advice, you can defend your rights and avoid falling victim to these scams.

How to Legally Defend Yourself?

If you find yourself in a similar situation, these are the steps you should take to protect your rights and recover your money:

1. Document Everything: From the initial offer to any communication with the company. Keep WhatsApp messages, emails, and call recordings as evidence.
2. Contact Alberto Miranda Immediately: A legal expert can guide you through every step, from sending a notarized letter to filing a formal complaint with INDECOPI.

Legal Consequences and Alternatives

In cases like these, in addition to filing a complaint with INDECOPI, you can also initiate civil legal actions under the Article 1321 of the Peruvian Civil Code, which allows you to claim compensation for damages resulting from contractual breaches. These civil actions are independent and can be carried out in parallel with the complaint to INDECOPI.