Post by account_disabled on Jan 30, 2024 3:57:02 GMT -7
Sites specialized in intermediating the reservation and payment of accommodation are responsible for failures in customer service, as the customer has confidence in the tool precisely to avoid any inconvenience during the trip. This is what judge Maria Fernanda Belli, from the 25th Civil Court of São Paulo, understood, when she ordered the website Airbnb to compensate R$17,000 to a Brazilian couple who rented an apartment in South Africa, but only found out about the cancellation upon arrival. Lawyer Felippo de Almeida Scolari , who experienced the problem on New Year's Eve 2017 and filed the lawsuit, was later compensated, but stated that he had suffered damage during his leisure time when he had to look for hotels and pay R$1,000 more for accommodation.
The company denied having committed any illicit Buy Phone Number List conduct and attributed the cancellation to the owner of the African property. For the judge, “if the defendant acts as an intermediary in the acquisition of services, it has the duty to monitor the suitability of those who offer them”. Therefore, she considered that the Airbnb website is also responsible for any defects arising from the provision of services, and it is up to the consumer to choose who they will sue against. Maria Fernanda Belli awarded R$8,000 to each of the authors for moral damages, based on the disincentive theory: “The compensation, as it involves inestimable value, must correspond to an amount that comforts the victim, without enriching her, in a that there is no excessive imbalance in the assets of the perpetrator”, he stated.
The defendant also rejected the claim for material damages, as the amounts deposited before the trip were returned. According to the ruling, however, “the authors' losses were not exhausted with the return, since they were forced to seek accommodation”. Necessary requirements Thus, although the beneficiary “has fulfilled the temporal requirement to receive the complementary benefit in its entirety (time of service of 35 years), he has not fulfilled the other requirement, of forming the source of funding regarding the period to be rectified, of so that he is not entitled to a review of his initial income, and must receive the retirement supplement proportionally”, he explained.
The company denied having committed any illicit Buy Phone Number List conduct and attributed the cancellation to the owner of the African property. For the judge, “if the defendant acts as an intermediary in the acquisition of services, it has the duty to monitor the suitability of those who offer them”. Therefore, she considered that the Airbnb website is also responsible for any defects arising from the provision of services, and it is up to the consumer to choose who they will sue against. Maria Fernanda Belli awarded R$8,000 to each of the authors for moral damages, based on the disincentive theory: “The compensation, as it involves inestimable value, must correspond to an amount that comforts the victim, without enriching her, in a that there is no excessive imbalance in the assets of the perpetrator”, he stated.
The defendant also rejected the claim for material damages, as the amounts deposited before the trip were returned. According to the ruling, however, “the authors' losses were not exhausted with the return, since they were forced to seek accommodation”. Necessary requirements Thus, although the beneficiary “has fulfilled the temporal requirement to receive the complementary benefit in its entirety (time of service of 35 years), he has not fulfilled the other requirement, of forming the source of funding regarding the period to be rectified, of so that he is not entitled to a review of his initial income, and must receive the retirement supplement proportionally”, he explained.