In response to complaints recently spread by consumers through social networks about the lack of compensation in relation to the Cinépolis Guarantee, the Federal Consumer Protection Agency (Profeco) has announced that it is maintaining an active dialogue with the company to ensure greater clarity in the information provided to its customers.
Following the premiere of the controversial French film Emilia Pérez, directed by Jacques Audiard, which portrays an alleged Mexican reality loaded with stereotypes and which, according to critics of Mexican cinema, evidences a lack of knowledge about the country’s culture, Internet users started a campaign on social networks to go to Cinépolis and make use of what the company calls the ‘Cinépolis Guarantee’, seeking to obtain a refund of their money. However, the movie theater chain denied this service, arguing that it is not a real guarantee, but a recommendation.
WHAT THE CONSUMER LAW SAYS ABOUT WARRANTIES AND ADVERTISING
According to the Federal Consumer Protection Law, it is established that legends such as “guaranteed”, “warranty” or any similar term can only be used when the details of such warranty are clearly specified, including the procedures for the consumer to make it effective. In addition, the legislation requires that information or advertising on goods, products or services disseminated by any means must be truthful, verifiable and free of elements that may mislead, confuse or deceive.
In this context, Cinépolis has expressed its willingness to work jointly with Profeco in defining and communicating the terms and conditions of its guarantee, in line with current legislation. This collaboration seeks to safeguard the rights of consumers and generate greater confidence in the services offered by the company.
Profeco has emphasized the importance of keeping the proof of payment, either in the form of physical tickets or emails with digital tickets, to make any claim or clarification before the company. It also urges consumers to approach Cinépolis directly to try to reach a conciliation in case any doubts or problems persist.
Information circulated on social networks that with the ‘Cinépolis Guarantee’ it was possible to claim a refund after half an hour from the beginning of the show. However, users reported that they could not make it valid.
“In your complex in Xalapa I wanted to validate the Cinépolis Guarantee. Emilia Perez is a crappy movie, I told your employees about it, but they told me that there has never been a refund for such guarantee”, complained a consumer in X.
After this response, which caused dissatisfaction among consumers, users called on Profeco to intervene in the situation, arguing that it is illegal to offer a guarantee that in reality is not.
There were even those who cited Article 77 of the Federal Consumer Protection Law, Chapter IX “On Guarantees”, which states that: “All goods or services offered with a guarantee must be subject to the provisions of this law”.
Emilia Perez” director’s defense against criticism of the film in Mexico BBC Article in spanish
“Emilia Perez,” written and directed by French director Jacques Audiard, won the Cannes Film Festival jury prize in May and the joint best actress award for its four leading ladies.
The plot, which is a mix of genres, tells the story of a Mexican drug trafficker who transitions into a woman and seeks justice for the country’s “desaparecidos”: people who have died or are unaccounted for as victims of drug and crime-related violence.
But while the characterization of the film’s transgender protagonist has been divisive - the U.S.-based LGBTQ+ organization Glaad has called it “retrograde” - even that is not currently the most controversial issue.
It is the musical’s portrayal of Mexico that has come under increasing scrutiny this awards season.
The film was only released to the general public in Mexico on January 23rd, but even before that, Mexican critics and industry figures had already pointed out the scarce participation of Mexicans among its main cast and crew, as well as its representation of the country, especially when it comes to dealing with such a sensitive subject.
In an X post that has surpassed 2.6 million views, Mexican screenwriter Hector Guillen tagged the Academy of Motion Picture Arts and Sciences, which hands out the Oscars, the day after the Globes awards. He posted a poster that read, “Mexico hates ‘Emilia Perez’/Racist Eurocentric mockery/Nearly 500K dead and France decides to make a musical.”
Guillén says Audiard is “a great filmmaker,” but believes the decision to make the vast majority of the film in studios outside Paris, as well as the way the story deals with a painful national issue, has upset many.
“There is a drug war, almost 500,000 dead [since 2006] and 100,000 disappeared in the country,” he says, citing Mexican government figures, ”and we are still immersed in violence in some areas.”
“They take one of the most difficult subjects in the country, but it’s not just any movie, it’s an opera. It’s a musical. So for us and for many activists, it’s like you’re playing one of the country’s biggest wars since the 1910 Revolution. Part of the plot is about the search for the mothers of the disappeared: one of the most vulnerable groups in Mexico. And in the four acceptance speeches at the Golden Globes there were zero words for the victims,” says the screenwriter.