If you're a tourist in Peru, the last thing you want is for your trip to be jeopardized by a scam. Unfortunately, some take advantage of visitors' good faith. 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's the case of a foreign tourist client who was scammed by a travel agency in Lima. This experience serves as a warning to others and shows you how you can effectively defend yourself with the help of an expert.
Imagine you're walking peacefully through the iconic Kennedy Park in Lima's Miraflores district, enjoying your stay in Peru, when you're suddenly approached with the promise of an incredible prize: a free trip to Cusco with accommodations in a 5-star hotel. This happened to a foreign tourist client in November 2023, who thought she'd gotten a lucky break. 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, she was not provided with a clear and detailed explanation of the terms and conditions. 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 Article 2 of the Consumer Protection and Defense Code, which requires providers to truthfully and fully provide information about the terms and conditions of the services offered.
Lack of Transparency in the Terms and Conditions: The contract includes ambiguous clauses regarding the consumer's obligations and rights. A detailed explanation was not provided, which led the customer to sign without adequate understanding, which is a violation of Article 2 of the Consumer Protection and Defense Code.
Unfair Clauses: Excessive penalties are stipulated for the customer'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 Articles 2 and 8 of the Consumer Protection and Defense Code.
Dispute Resolution Process: The contract mentions a onerous resolution process for the customer, with no accessible alternatives such as the intervention of INDECOPI, which could discourage the consumer from claiming their rights.
Disclaimer of Liability: There are clauses that attempt to exempt the company from liability in the event of non-compliance, which could be considered void under Peruvian law, particularly according to Article 50 of the aforementioned Code.
Furthermore, during the process, she was verbally assured that there would be no membership fee and that all services were free. However, she soon discovered that this was not true, and that the supposed "gifts" had hidden costs. This scam violates Article 8 of the same code, which prohibits deceptive commercial practices. To make matters worse, when he tried to contact the agency, he received no response, violating Article 24, which obliges companies to address and resolve consumer complaints in a timely manner.
This case is not an isolated one. The same travel agency has been repeatedly reported since 2023 for unfair commercial practices, operating under different names to evade justice. However, thanks to the legal actions we took, we were able to get INDECOPI to rule in favor of my client, ensuring a full refund. This result demonstrates that, with the right legal advice, you can defend your rights and avoid falling victim to these scams.
If you find yourself in a similar situation, these are the steps you should take to protect your rights and recover your money:
Document everything: From the initial offer to any communication with the company. Save WhatsApp messages, emails, and call recordings as evidence.
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.
In cases like these, in addition to filing a complaint with INDECOPI, you can also initiate civil legal actions under Article 1321 of the Peruvian Civil Code, which allows you to claim compensation for damages arising from breach of contract. These civil actions are independent and can be pursued in parallel with the complaint filed with INDECOPI.
Conclusion: Don't Get Scammed, Defend Your Rights!
Being a victim of deceptive commercial practices can ruin your experience in Peru, but you are not alone. With the right information and legal support, you can protect yourself and recover what's rightfully yours.
+51 84 217 551
+51 997 434 941
Av Tupac Amaru PP-10B, Santiago, Cusco, Peru 
info@incatrailmachu.com
www.incatrailmachu.com
