CONSUMER PROTECTION
EU Revision of the Community Acquis on Consumer Protection
In October 2004 the European Commission advised it was planning to re-examine eight directives on consumer protection to establish whether they offered consumers a high level of protection; to eliminate intra-Community barriers; and to simplify the regulation, in particular the harmonisation clauses they contain. The eight directives are:
| Directive 90/314 | on package travel | ||
| Directive 94/476 | on time sharing | ||
| Directive 98/6 | on price indications | ||
| Directive 98/27 | on injunctions for the protection of consumers’ interests | ||
| * | Directive 97/7 | on distance selling | |
| * | Directive 93/13 | on unfair terms in consumer contracts | |
| * | Directive 85/557 | on doorstep selling | |
| * | Directive 99/44 | on sale of consumer goods and associated guarantees |
In October 2008 the Commission published a proposal for a Directive on Consumer Rights to harmonise the key elements of four of the above directives (shown with an asterisk). It contains provisions on common definitions, pre-contractual information, information and right of withdrawal in distance and off-premises contracts as well as unfair contract terms.
Package travel has been excluded from the scope of the new directive other than unfair contract terms. However, the directive will apply to other travel arrangements including accommodation, transport, car rental, catering and leisure services, with the exception of right of withdrawal and consumer information in distance contracts.
This will lead to different levels of protection between consumers booking package holidays and those booking other forms of travel arrangements.
ABTA's Position
ABTA has argued that package travel does not need to be excluded from the proposed directive and that specific issues could continue to be dealt with under the Package Travel Directive (PTD) which is a parallel revision to be debated at a later date. This approach means that we are well placed to make strong arguments in line with our aim of a completely fresh approach to the regulation of the industry and the provision of protection of consumers. This would take account of the major changes in the market over the past 10 years.
ABTA will continue to work with ECTAA’s Legal and Tour Operator Committees and will also seek to influence the outcome by meetings with the appointed Rapporteur – a UK MEP.
Last updated: 13 March 2009
