Selling Tourism Services at a Distance An Analysis of the EU Consume

New rules on distance selling provided for the Consumer Rights Directive will apply for contracts concluded after 13 June 2014 but not to package holidays or contracts falling within the scope of the Timeshare Directive. Contracts for passenger transport

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Josep Maria Bech Serrat

Selling Tourism Services at a Distance An Analysis of the EU Consumer Acquis

Assoc. Prof. Josep Maria Bech Serrat Tourism School University of Girona Girona Spain

ISBN 978-3-642-27886-0 ISBN 978-3-642-27887-7 (eBook) DOI 10.1007/978-3-642-27887-7 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2012936805 # Springer-Verlag Berlin Heidelberg 2012 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)

Preface

The entire body of European contract law is constantly changing. While many parts of consumer law were intended to be harmonised at the European level, there still remain quite a number of divergences between laws in the member states due to factors such as the minimum character of harmonisation or the legal context in which directives have to be implemented. At the time of writing Directive 2011/83/EU of the European Parliament and of the Council of 25 October has just entered into force (Consumer Rights Directive). The member states shall adopt and publish, by December 2013, the laws, regulations and administrative provisions necessary to comply with this Directive; and the provisions of the Consumer Rights Directive shall apply to contracts concluded after 13 June 2014. However, the Commission has r