Aplicação do Código de Defesa do Consumidor em contratos de serviços turísticos

Abstract

This study aims to demonstrate the application of the Code of Consumer Contracts in tourism. The work began with a brief history of tourism, by addressing the concept of what follows comes to tourism and tourists. Accordingly, with respect to contracts for tourism, has become necessary to its concept, applicable law, the legal nature, the essential requirements, duties, accessories, and complete their training and their default. Given that the vast majority of contracts for tourism is signed by the touristconsumer, directly with the travel agency or tour operator, this paper presents the concept of these, civil liability, the possibility of exclusion and limitation of liability. Finally, because of the divergence existing jurisprudence on the issue of liability of travel agencies, this paper presents some trial on the issue of liability in contracts for tourism. Through this study, we observed that, despite the duty of application of the CDC contracts for tourism, since it is the obligation of result or end, which consequently results in strict liability and joint supply chain, yet so great is the amount judged to deviate.