The Georgian Competition and Consumer Agency has confirmed that LLC "Travelfy" infringed the Law of Georgia on the Protection of Consumer Rights.
The case concerned a tourist package purchased by consumers, one of the principal components of which was attendance at a concert by the artist Kanye West in the city of Bologna, Italy. Following the cancellation of the concert, the tourist package lost its original intended purpose; consumers accordingly sought withdrawal from the contract, together with a full refund of the amount paid. The trader, however, declined to accede to their request.
The Agency found that the tourist package purchased by consumers, as evident from the terms of the offer, had attendance at the concert as an essential purpose of the tourist service. Accordingly, the cancellation of the event resulted in the loss of consumer interest in the tourist package and gave rise to their right to withdraw from the contract and request a full refund of the amount paid.
Under the Agency's decision, LLC "Travelfy" is required, within a period of one month, to restore the infringed rights of consumers and to bring its trade policy into conformity with the requirements of the law.
Pursuant to the law, non-compliance, or improper compliance, with the Agency's decision within the established time limit may result in a fine of up to 2% of the trader's annual turnover for the preceding financial year. Furthermore, should the infringement be repeated within a period of twelve months, the fine shall be doubled.
