Confirmation of online bookings: European Court of Justice clarifies what the consumer needs to know

When can a booking be considered as finalised when buying online? The European Court of Justice delivered an important judgement on the validity of contracts by electronic means on 7 April to clarify this issue.

The case was brought to the European Court of Justice by a local German court following a dispute between a hotelier and a consumer regarding the validity of a contract concluded via Booking.com. After a no-show, the consumer contested the payment of cancellation fees to the hotel despite having clicked on the ‘I’ll reserve’ button and entered personal details before clicking on a button labelled with the words ‘complete booking’.

The local court asked the Court of Justice whether the formulation ‘complete booking’ is a formulation ‘corresponding’ to the words ‘order with obligation to pay’: should only the words that appear on that button be taken into account, or should the overall circumstances of the ordering process also be taken into consideration?

The ECJ ruled that, according to Directive 2011/83, 1 where a distance contract is concluded by electronic means through an ordering process and entails an obligation on the part of the consumer to pay, the trader must, first provide that consumer directly before the placing of the order with the essential information relating to the contract and, secondly, explicitly inform that consumer that, in placing the order, he or she is bound by an obligation to pay.

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12 Jan
12/01/2023    
11:00 - 12:00
Slides are accessible here: https://www.hotrec.eu/wp-content/uploads/2023/01/Presentation-HOTREC-workshop-on-PPWR-120123.pdf
7th Coordination Meeting Pact for Skills in Tourism
12/01/2023    
15:00 - 16:30
On 12 January 2023 took place another coordination meeting of the Pact for Skills.
19 Jan
19/01/2023    
All Day
HOTREC has joined the RESTWITHEU project focusing on challenges faced by the restaurant industry. First workshop will be held in Lyon on 19/01/2023.
Meeting with DG GROW - Tourism Unit & HOTREC
24/01/2023    
14:00 - 15:00
Main outcome of the meeting available
25 Jan
25/01/2023    
09:30 - 13:00
Hotel Le Chatelain, Brussels EXCOM Slides - 25 Jan. 2023 - NEW List of Participants Expense Claim Template for ExCom Members HOTREC Guidelines for reimbursement [...]
Info session - EU funding opportunities on trainings to be provided to third country nationals’ willing to work in the hospitality sector
26/01/2023    
11:00 - 12:00
Recording of the session; PowerPoint and general note of the meeting available!
Events on 19/01/2023
Events on 24/01/2023
Events on 25/01/2023