Indecopi upholds fine against travel agency for refusing to refund a canceled trip to Mexico

Indecopi upheld, on final administrative appeal, the fine against travel agency Qay Pacha Tours S.R.L. for refusing to refund the money for a tour package to Mexico that ultimately never took place.

Two consumers had booked the “Pilgrimage to the Basilica of Our Lady of Guadalupe in Mexico” package for a total of USD 3,349. The trip was rescheduled and eventually canceled, but the agency refused to refund the outstanding USD 2,094 despite repeated complaints from those affected.

Indecopi’s Regional Office Commission in Lambayeque found that the company failed to show that the cancellation and the rescheduling were due to justified causes beyond its control, and that it left consumers without clear information or reasonable alternatives in the face of the failure — a breach of the duty of suitability under Article 19 of the Consumer Protection Code.

Indecopi imposed a fine of 1.55 UIT (S/ 8,525) and, as an immediate corrective measure, ordered the full refund of the money owed to the complainants. Since this is a final administrative decision, the company can only challenge it in court.

This case is a useful reminder for anyone buying a tour package: if the trip is canceled or rescheduled without a justified cause, the agency must refund the money paid, and refusing to do so — even after repeated complaints — can lead to a fine from Indecopi.