BB Ltd engaged the services of AA Ltd (travel agency) to carry out a group travel. The services provided by the agency included in addition to fly tickets, hotel accommodations and a New Year's party with a concert of a famous Brazilian singer. More than a month before the date of the travel BB notified AA that part of the passengers could not travel. However AA negligently failed to communicate the change in the number of air passengers to the airline. AA claimed against BB among other for payment of compensa-tion in an amount to be fixed by the Court, for the damages caused voluntarily and intentionally to the claimant. The defendant alleged in counterclaim that the claimant according to DL 209/97, art. 29 is liable for reimbursement for fly tickets and hotel vouchers that the claimant unlawfully retains, even if the claimant did not use them.