Hurb: see the rights of those who hired a package or inn – 04/26/2023 – Market

Consumers contracting Hurb services, formerly Hotel Urbano, are entitled to reimbursement of amounts paid in the event of non-compliance with the contract. To receive the money, specialists indicate trying to reach an agreement with the company with the mediation of consumer protection agencies before going to court.

Hurb is going through a crisis after reports and complaints of non-payment for hotels and inns, which cancel reservations and jeopardize the travel of thousands of people.

The Ministry of Justice filed suit against the company after reports of default and increased complaints about booking cancellations. The company offers packages, tours, tickets and accommodation in hotels and inns.

According to Senacon (National Consumer Secretariat), an agency linked to the Ministry of Justice, this year, more than 7,000 complaints were registered, an increase of about 58% compared to the same period last year.

Throughout 2022, there were 12,000 complaints about Hurb alone. The complaint resolution rate dropped to 50% on the Consumidor.gov.br platform.

“While the consumer has not yet made the trip, we are in the sphere of supply. In this case, article 35 of the Consumer Defense Code says that cancellation may be requested if the company does not provide the contracted service”, says Rodrigo Tritapepe , service and guidance director at Procon-SP (São Paulo Consumer Protection and Defense Foundation).

The Idec (Brazilian Institute of Consumer Defense) states that the company must make clear the time limit for carrying out the service contracted by the consumer —which would not be happening—, and cannot use clauses or information hidden or poorly written in the contract.

If the contract is canceled because the company did not provide the service or the travel package takes place after the period stipulated in the contract, the company must reimburse the consumer in full for the amounts he has already paid.

The same rule can be applied in the case of the customer who is still paying for the package, but has not used the contracted service. It may be reimbursed if the company fails to comply with the agreement. However, experts indicate not to fail to pay the installments, under penalty of being charged a fine for breach of contract.

According to Tritapepe, if the company offers scheduling dates for the trip that are not within the period contracted by the client or that does not meet their needs, the contract must be terminated and the money returned.

“Many complaints are due to flexibility, the amount paid and the value that the company can find, out of season or contracted period”, says the director.

Idec states that the flexible travel package model is not a regulated type of service and the offer and information passed on to customers when contracting the service prevails. Consumers must contact Hurb and understand their contractual situation in order to claim their rights.

What should I do if Hurb does not return my money?

Consumer protection bodies recommend that the customer register complaints with Procon and on the Consumidor.gov.br platform if there is no spontaneous reversal of the amount paid or attempts to contact the company are not met.

Procon provides an online complaints service. To do this, you need to register on the agency’s portal. See the step by step:

1. Go to Procon’s website
2. Select “Make your complaint here” and enter login and password
3. Then click on new service
4. Inform the ownership of the purchase, the service provider and the classification of the requested service
5. On the next page, you must detail the contracting of the service and make your complaint in writing, informing the type of solution you seek for the problem
6. Afterwards, it is necessary to attach documents about the complaint, such as a contract, proof of payment and copies of conversations with the service provider, for example.
7. Finally, just inform the availability for audiences with the supplier and finish the service

In the state of São Paulo, the complaint can also be made in person at the Procon counter, at a Poupatempo unit, requiring the consumer to take a copy of all documents relevant to the complaint.

To register a complaint on the Consumidor.gov.br platform, the consumer must:

1. Inform the company in question and select the options for the problems presented
2. The consumer will be redirected to the company’s profile on the website and must click on “Register complaint”
3. It is necessary to inform if you tried to contact the company, the type of problem faced, contracting data and detail in writing your complaint and the desired solution.
4. It is also possible to attach files in this step to validate the claim
5. Afterwards, the consumer must review the data entered and click “confirm”, if everything is correct
6. A protocol number and a deadline will be generated for the company to respond to resolve the complaint.

Idec recommends that, if there is no agreement, or if there is damage to the consumer or lack of access or information from the company, the customer should seek Justice.

How to file a lawsuit against Hurb?

If all attempts at communication and negotiation with the company fail, the consumer must go to the Special Civil Court to file a lawsuit against the company.

The process is free and there is no need for a lawyer if the value of the contracted package and any damages are less than BRL 26,040. If the contracted party is not accompanied by a lawyer, the judge will appoint a lawyer for the consumer.

The recommendation for opening the process is that the consumer attends the Justice Department or attached notary office of the Special Court in their city and looks for an employee to register the complaint.

It is necessary to inform the name and address of the person who made the claim and who is identified as causing the damage, the summary of the facts and the amount of the intended compensation.

The consumer must also bring all the documents relevant to the complaint for the initiation of the process.

Afterwards, a hearing will be scheduled in which the parties involved will talk and try to reach an agreement, under the guidance and supervision of a conciliator. If there is no consensus between the parties, an instruction and trial hearing will be scheduled to judge the case.

Should I stop paying for Hurb contracted services?

Consumer protection and defense bodies do not recommend stopping payment if the contractor is still paying for the service, because the charge is not made by the company, but by a financial institution that provides services to it.

According to Idec, if Hurb is expressly breaching the contract, the consumer has the right to suspend payments and this measure is only safe after filing a lawsuit against the company.