‎Brazil News

The Beach Park  e Turismo chain must terminate the contract of a couple who requested cancellation and return 90% of the amount paid in shared vacation programs. The decision was made by Judge Daniela  Pinheiro Lima, from the 6th Civil Court of São Caetano do Sul/SP, who understood  the administrative fee requested to terminate the contract as abusive. 

 

The authors say that during their vacation at Beach Park, in Fortaleza/CE, they were approached by sales promoters offering the Beach Park Vacation Club shared vacation program. They say they ended up closing the contract worth R$60,000, but moments later they regretted the deal and tried to cancel it.

 

When requesting cancellation, the company stated that it would only be possible after paying the penalties provided for in the contract, which totaled R$ 18,200, corresponding to 30% of the total value of the contract.

 

Therefore, the authors filed a lawsuit arguing that such a charge is abusive, given that the fine should apply to 25% of the contract's validity period.

 

 

Convicted of an abusive fee, Beach Park will return the amount paid under the contract. (Image: Francisco Cepeda

When analyzing the case, the judge noted that nothing prevents one of the parties from seeking termination of the contract. However, the abusiveness of the contracted fees became evident, as the authors, even though they had already disbursed R$845, had to pay another R$17,400 to be able to terminate the contracted program.

 

" With regard to the administrative fee (20% of the total value of the contract - pages 42 cl.  8.3, 8.3.1. and 8.4., "a"), despite the admissibility of the defendant seeking compensation for the  expenses administered, such retention appears to be abusive insofar as consumers are already  contractually obliged to pay a penalty corresponding to the penal clause of 10% of the  price (pages 43, cl. 9.1.), a percentage sufficient to compensate the contracted for the costs of the  agreement and the termination of the business, which is an acceptable rate, especially since the  termination was at the initiative of the contractors.  Therefore, the administrative fee must be excluded, with a retention of 10%  on the total of the amount paid, and the amount must be refunded in a single payment.