Consumer


PACKAGE TRAVEL  


This Directive regulates the minimum pre-contractual information to provide to the consumer, the formal requirements for package travel contracts, the obligations of the organizer when failing to comply with its contractual obligations (cancellation, change in the services included in the contract, non-performance, civil liability, etc.) and the provision of a financial guarantee to cover the organizer's insolvency.
           
In various decisions, the Court of Justice of the European Communities ruled on the interpretation that should be given to some provisions of Directive 90/314, namely in respect of:            
In November 2015, the EU adopted a revision of the Package Travel Travel Directive. The new Directive must be implemented by Member States before 1st January 2018 and will apply from 1st July 2018. 

The new PTD rules provide the following:
  • •Exclusion of managed business travel; 
  • Definition of “package”, which will encompass dynamic packages
  • A new category of travel services combination is created: the “linked travel arrangement”;
  • New information requirements for travellers: they must include understandable information on the package and the protection they benefit from under package holiday rules;
  • Stronger cancellation rights: free cancellation before departure in case of natural disasters, war, or other serious situations at the destination ; 
  • Clear identification of the liable party ;
  • Traders are liable for booking errors ;
  • Organisers are required to assist travellers in difficulty, for example where health assistance is needed.
  • Mutual recognition of European financial security systems.
Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.

 
UNFAIR TERMS IN CONSUMER CONTRACTS  


This Directive aims at prohibiting unfair terms in consumer contracts when such terms have not been individually negotiated. A term is considered unfair when it causes a significant imbalance in the parties’ rights and obligations arising under the contract. If a term is unfair, it will not be binding on the consumer.
           
At the invitation of the European Commission, ECTAA participated in a Round Table on Package Travel Contracts, in order to examine the application of Directive 93/13 in package travel contracts. The Round Table completed its work in February 2001, by adopting non-binding final conclusions.

[ View conclusions of the Round Table ]

 
UNFAIR COMMERCIAL PRACTICES  

The Directive is applicable to both sellers of goods and providers of services. As a general principle, the Directive prohibits any kind of unfair commercial practice. A commercial practice will be unfair when it is contrary to the requirements of professional diligence and it materially distorts or is likely to materially distort the economic behavior of an average consumer.
           
More specifically, the Directive prohibits misleading actions and omissions of traders as well as aggressive commercial practices.

On 25 May 2016, the Commission adopted an updated version of the 2009 Guidance on the application of the Unfair Commercial Practices Directive
The purpose of this document is to facilitate the proper application of the Unfair Commercial Practices Directive (‘the UCPD’). It provides guidance on the UCPD’s key concepts and provisions and gives practical examples taken from the case-law of the Court of Justice of the European Union and from national courts and administrations. The document contains a specific section on travel and transport (page 151-161).

Guidance on the application of the Unfair Commercial Practices Directive

 
CONSUMER RIGHTS DIRECTIVE  
           
Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council Text with EEA relevance

The Directive on Consumer Rights (2011/83/EC) has been applicable since 13 June 2014 and has replaced Directive 97/7/EC (The “distance contracts” directive) and Directive 85/577/EEC (The “doorstep selling directive”).

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees as well as Directive 93/13/EEC on unfair terms in consumer contracts remain in force.

Création site internet | IDcreation 2013