The measures for COVID approved by the Government in Royal Decree 11/2020, which comes into force on April 2, provide some protection for consumers, which we will detail below.
First of all, we must remember that according to the General Law for the Defense of Consumers and Users (“LGDCU”), consumers or users are natural persons who act for a purpose unrelated to their commercial, business, trade or profession activity . So are legal persons and entities without legal personality that act on a non-profit basis in a field unrelated to a commercial or business activity .
In other words, the final recipient of purchases is considered a consumer if he/she is a natural person and anyone who operates outside his or her profession or business . So we are all consumers when we buy goods or services that are not related to our professional activity.
How does COVID affect consumers?
In general, if, as a result of the measures adopted, the contracts signed with consumers are impossible to fulfill, the consumer has the right to try to find a solution that satisfies his interests within a period of 60 days from the time it becomes impossible to fulfill the contract.
Only if the parties do not reach an agreement and the 60 days have elapsed, the consumer has the right to terminate the contract . It is important to bear in mind that since the measures grant a period of 60 days to reach an agreement, it is possible that once the period has elapsed, if the state of alarm ends before then, the contract may be restored, and the consumer will no longer be able to resolve it.
How does COVID affect package tours?
If the trip has been canceled due to COVID, the company can offer the consumer a voucher with a term of 1 year from the end of the state of alarm .
How does COVID affect gym fees, language schools, student residences?
The Royal Decree establishes that as long as the service cannot be provided normally, the collection of new installments will be paralyzed . In this way, the contract is not rescinded – this is what the rule expressly says -, but rather it is suspended .
Finally, keep in mind that the regulation is constantly changing during the State of Alarm and the previous circumstances could be altered while it lasts.
This publication does not constitute legal advice.
Free legal advice for COVID
Although we are lawyers specialized in digital businesses, we remind you that, while the state of alarm lasts, from LAW4DIGITAL We will also be offering free legal advice for COVID to health professionals and members of the State security forces and bodies who are helping us so much in these complicated days.
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