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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08 Nov
08/11/2022    
All Day
Next meeting of the PTD expert group on 8/11: agenda available: https://www.hotrec.eu/wp-content/uploads/2022/11/draft-Agenda-8-Nov-2022.pdf
Informal meeting with Airlines4Europe - Possible impact of Fit for 55 on airline pricing and travel
08/11/2022    
09:45 - 11:15
Main outcome of the meeting available (summary + PowerPoint from Airlines4Europe)
14 Nov
14/11/2022 - 16/11/2022    
00:00
On 14-16 November 2022, the Czech presidency of the EU Council will organise the European Tourism Forum.
Webinar on Practical solutions to food waste monitoring in hospitality
17/11/2022    
10:30 - 11:30
Webinar - 17 November, 10.30-11.30 CET
Preparatory meeting SSD plenary + Update on Social Affairs
21/11/2022    
10:00 - 11:30
On 21 November 2022, HOTREC will organise its Sectoral Social Dialogue preparatory meeting + update on Social Affairs (policy and legislative files). The meeting will [...]
22 Nov
22/11/2022    
11:30 - 14:00
HOTREC has shared consolidated comments on ISO Restaurant Vocabulary Project (WD16520) now accessible and will attend the 22 November meeting. 
24 Nov
24/11/2022    
11:00 - 12:30
Updated slides, minutes and other material/documents are available online.
24 Nov
24/11/2022    
15:00 - 16:30
Presentation and documents are uploaded
Sectoral Social Dialogue Plenary meeting
25/11/2022    
10:00 - 16:00
PowerPoint presentations available
28 Nov
28/11/2022    
15:00 - 17:00
Stanhope Hotel Brussels by Thon Hotels List of Participants Draft Agenda for ExCom meeting on 28 November 2022 PLEASE NOTE THAT FROM 16:30, THE PRESIDENT-ELECT, [...]
European Hospitality Day - Event at European Parliament
29/11/2022    
08:30 - 14:30
HOTREC is organising meetings and exchanges for HOTREC members at the European Parliament on Tuesday 29 November 2022 in Brussels.
Events on 14/11/2022
14 Nov
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28 Nov