Technological advancements have spoiled society by providing convenience in performing various activities, including transactions for the purchase of travel and accommodation tickets. However, despite the convenience provided, consumers must still be cautious of the risks involved, considering that these transactions are conducted entirely online.
Currently, there are many traveling applications known to the public, such as Traveloka, Tiket.com, Agoda, Tokopedia, and others. These applications often offer discounts and provide cancellation guarantees and refunds to consumers. However, consumers need to be aware of the legal consequences that may arise if traveling applications fail to accommodate these offers when consumers have already made bookings.
According to Article 4 of Law Number 8 of 1999 regarding Consumer Protection (“Consumer Protection Law”), the following are the rights of consumers:
- The right to comfort, safety, and security in consuming goods and/or services;
- The right to choose goods and/or services and obtain them according to the exchange value, conditions, and guaranteed conditions;
- The right to accurate, clear, and honest information regarding the conditions and guarantees of goods and/or services;
- The right to express opinions and complaints about the goods and/or services used;
- The right to advocacy, protection, and fair dispute resolution efforts for consumer protection;
- The right to consumer education and training;
- The right to be treated or served correctly, honestly, and non-discriminatively;
- The right to compensation, damages, and/or replacement if the goods and/or services received do not comply with the agreement or as they should be;
- Rights regulated in other statutory provisions.
Sanctions for Traveling Applications that Providing Fake Offers
Consumers often complaints via social media regarding discount offers, no cancellation fees, and refundable deals that, in reality, cannot be used when consumers have already made bookings. In this case, Traveling Applications have violated their obligations as written in Article 7 of the Consumer Protection Law:
Article 7 letter b:
“Providing accurate, clear, and honest information regarding the conditions and guarantees of goods and/or services and providing explanations on usage, repairs, and maintenance.”
Article 7 letter d:
“Ensuring the quality of goods and/or services produced and/or traded based on applicable quality standards.”
Furthermore, in providing “no cancellation fees & refundable” offers that are untrue, Traveling Applications have violated the provisions in Article 9 paragraph (1) letter a of the Consumer Protection Law:
“Business actors are prohibited from offering, promoting, advertising a product and/or service incorrectly, and/or as if the product has met and/or has discounts, special prices, certain quality standards, specific styles or modes, specific characteristics, history or specific purposes.”
Regarding the false discounts provided, Traveling Applications violate the provisions of Article 10 letter d of the Consumer Protection Law:
“Business actors in offering goods and/or services intended for trade are prohibited from offering, promoting, advertising, or making false or misleading statements about discount offers or attractive prizes offered.”
Thus, Traveling Applications engaging in such actions can be subject to criminal sanctions with imprisonment for a maximum of 5 (five) years or a maximum fine of Rp2,000,000,000 (two billion Indonesian Rupiah), as stipulated in Article 62 paragraph (1) of the Consumer Protection Law.
Legal Steps that Consumers Can Take If Consumers Suffer Losses from Goods and/or Services Purchased from Traveling Applications
- Lodge a Complaint with the National Consumer Protection Agency (BPKN)
In accordance with Article 34 paragraph (1) letter g, BPKN has the function of receiving complaints about consumer protection from the public, community-based consumer protection institutions, or business actors. Then, consumers affected by Traveling Applications can lodge complaints to BPKN through https://pengaduan.bpkn.go.id.
- Dispute Resolution at the Consumer Dispute Settlement Body (BPSK)
Based on Article 52 letter e, BPSK has the duty to receive complaints, both written and unwritten, from consumers regarding violations of consumer protection. Such requests can be submitted directly, and BPSK officials will record them. The request can be accompanied by supporting evidence. - Lawsuit in Court
Consumers can choose to settle disputes, either outside of court or through the courts. When consumers have chosen to settle disputes outside of court, a lawsuit through the courts can only be pursued if those efforts are unsuccessful. Lawsuits can be filed by affected consumers or their heirs submitted through the courts within the general court jurisdiction.If you need legal consultation about any legal case, you can contact us through:
Email: secretary@mnllaw.co.id
Call: +62 21-3905928