Overbooking And Overselling: Between A Legal Trade Mechanism And A Crime Of Fraud

Abstract

The different operators, both transport and hotel, are used to perform a number of practices which, by its importance have been aim of regulation of international and national legislators. Economic interests from both parties companies and the customers, enhance the need to make more flexible traditional contracts of sale by establishing mechanisms for the resign of the contract by the customer, with greater or lesser penalties, and, in the other hand, the possibility that the number of booked seats or rooms would be greater than the initially available. However, the boundaries between licit, illicit operations and criminal behavior occur occasionally blurred. The purpose of this work is to establish some guidelines to define clearly the border between legal, illegal, or criminal conduct, and the response that law gives in each case.