La noción de publicidad relevante a los efectos de la integración contractual prevista en el artículo 61 del texto refundido de consumidores y en otras normas sectoriales afines

According to Article 61 of Consolidated Text of the General Law on Consumers and Users (TRLGDCU), the content of advertising is integral to the contract, in the sense that the consumer is entitled to demand that the trader complies with the advertising content even if it does not form part of the contractual document. This paper analyses the concept of advertising which is relevant for the purposes of this provision, since not all advertising contents are suitable for the consumer-contractor to be able to successfully exercise the power of contractual integration conferred by the aforementioned article 61. Naturally, the conclusions reached on this issue are also valid for other sectoral rules on the advertising integration of the contract. Specifically, we refer to those governing the areas of purchase and sale and rental of housing, as well as package travel, which, like the referred Article 61 TRLGDCU, also confer contractual relevance to advertising.