Unfair commercial practice and B2C contracts in tourism Students: Lesia Mykhailenko Polina Dugina UNIFI, LM

 Introduction  Customer`s claim: case in details  Official complaint  Legal backgrounds  Court: award and decision  Conclusion  Bibliography Claim on Club Méditerranée Content

Club Méditerranée Introduction  Club Med is France’s largest travel and tourism company, represented on the world tourism market over 65 years.  It was the first company to offer all-inclusive vacation packages, which have become the fastest growing segment within the tourism sector.  More than employees, 71 hotels all over the world, visited by 1.5 million guests each year  Club Med, as a brand had a high recognition level, image of luxury resorts tour operator

Claim on Club Méditerranée Case 1 Official website of Club Mediteranee S.A.

Claim on Club Méditerranée Case

Claim on Club Méditerranée Context 2 Letter of claim. Claimer: Ben of Niskayuna, NY, USA. June 13, 2009

 Customer has accepted and paid a “forfeit” - commercial all inclusive travel package offer  Travel contract was signed between legal entity and natural person (B2C) Claim Official Complaint Court Damages for for losses Unfair commercial practice Official complaint

 In particular, commercial practices shall be unfair which: (a) are misleading: A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way deceives or is likely to deceive the average consumer or (b) are aggressive.  Consequences for violations of unfair commercial practice law: (a) Intervention of Public Authority (In Italy AGCM Italian Competition Authority) which followed by administrative sanctions (b) Damages of loss 8 Travel and tourism contracts, Sara Landini, 2013 Unfair commercial practice Legal backgrounds

 Member States shall ensure that adequate and effective means exist to combat unfair commercial practices in order to enforce compliance with the provisions of this Directive in the interest of consumers  Such means shall include legal provisions under which persons or organizations regarded under national law as having a legitimate interest in combating unfair commercial practices, including competitors, may: (a) take legal action against such unfair commercial practices; and/or (b) bring such unfair commercial practices before an administrative authority competent either to decide on complaints or to initiate appropriate legal proceedings. Unfair commercial practice Legal backgrounds

 Member States must only choose the legal entity (the organizer or the retailer) who bears liability as designated by the Community Directive.  The Italian Government has already made its choice. According to the content of the provisions contained in the CCV, the Italian legal system has found the organizer liable for the consumer's damages for the entirety of the performances comprising the package and has regarded the retailer simply as the mandatory agent of the consumer. Therefore, the organizer is liable for damages resulting to the consumer, whether he has supplied the services or whether a supplier has rendered those services on his behalf, in accordance with the rigorous regime of liability envisioned in Directive No. 90/314. Unfair commercial practice Legal backgrounds 5 Package Travel Contracts: Remarks on the European Community Legislation, Stefano Zunarelli

 Business-to-customer travel contracts are regulated by norms prevailing in the respective country where travel services are affected. Special rules are contained in the International Convention relating to the contract of travel (CCV) signed in Brussels on April 23, 1970  Holiday claims and damages for “ruined holiday” (mental distress and disappointment) have long been accepted on the basis that the whole purpose of a holiday contract is to provide entertainment and enjoyment. B2C travel contracts Legal backgrounds 5 Package Travel Contracts: Remarks on the European Community Legislation, Stefano Zunarelli

Bibliography 1.Official website of Club Mediteranee S.A. (11 rue de Cambrai, 75019, France) 2.Customer claims and consumer affairs international 3.Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. Official Journal L 095, 21/04/1993 P – Directive 2005/29/EC of the European parliament and of the council, Official Journal of the European Union, Package Travel Contracts: Remarks on the European Community Legislation by Stefano Zunarelli, Fordham International Law Journal, Study on the application of Directive 2005/29/EC on Unfair Commercial Practices in the EU Part 1 – Synthesis Report, Conducted by Civic Consulting, European Commission – DG Justice, Remedies for consumer rights protection: prevention, restitution and punishment by D.Cohen. Journal of marketing, p.24, Travel and tourism contracts by Sara Landini, Antezza, Matera, Chapter II p.35, 40-41, 61, 2013