Corporate case law

Bosso, Claudia Silvia y otro c/ Viajes ATI S.A. Empresa de Viajes y Turismo s/ sumario (National Commercial Court of Appeals, Chamber B, 30/06/2003)

The binding force of commercial advertising in a travel contract. The Commercial Court of Appeals held that advertising forms part of the customer’s legitimate expectations and may bind the supplier when it contains concrete information about the promised performance.

CNCom., Sala B30/06/2003

Case caption

«Bosso, Claudia Silvia y otro c/ Viajes ATI S.A. Empresa de Viajes y Turismo s/ sumario»

What was at issue

The binding force of commercial advertising in a travel contract.

What was decided

The Commercial Court of Appeals held that advertising forms part of the customer’s legitimate expectations and may bind the supplier when it contains concrete information about the promised performance.

Extractable criterion

The Commercial Court of Appeals held that advertising forms part of the customer’s legitimate expectations and may bind the supplier when it contains concrete information about the promised performance.
The holding should be read in light of the legal interest protected in the area of advertising and offers, not solely by reference to the documentary form of the act.
Evidence of the specific facts and of their impact on corporate or creditor rights is decisive when applying the precedent’s doctrine to another case.

Citation: CNCom., Sala B, «Bosso, Claudia Silvia y otro c/ Viajes ATI S.A. Empresa de Viajes y Turismo s/ sumario», 30/06/2003 — Jurisprudencia societaria y comercial

Practical application

It is a classic case on advertising, offers, and good faith in commercial relationships with consumers.

Frequently asked questions

What is the main takeaway from the case?

Does the rule apply automatically today?

No. The current statutory framework and the specific facts must be verified. Historical precedents retain doctrinal value, but later reforms may alter how they apply.

What should be proven in similar litigation?

The relevant corporate or commercial documentation, the parties’ conduct, the specific harm, and the facts connecting that harm to the central issue in the case: The binding force of commercial advertising in a travel contract.

Informational commentary on a published ruling; it does not constitute advice nor guarantee an outcome. Application to a case depends on its circumstances.

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