John Balfour Clyde & Co London Conference on EU Passenger Law Towards 2020 Leuven, 6 December 2011 FARE TRANSPARENCY – REGULATION 1008/2008 AND DIRECTIVE 2011/83

ART 23(1) REGULATION 1008/2008 Four requirements Fares must include the applicable conditions when offered or published “The final price to be paid shall at all times be indicated and shall include the applicable air fare … as well as all applicable taxes and charges, surcharges and fees which are unavoidable and foreseeable at the time of publication” Where taxes, charges and surcharges have been added to the air fare, they must also be specified Optional price supplements must be communicated clearly at the start of the booking process and acceptance must be on an opt-in basis

DIRECTIVE 2011/83 ON CONSUMER RIGHTS (1) 8(2) Trader must make consumer aware of various information, including as to total price, before the consumer places his order Trader must ensure that the consumer, when placing his order, explicitly acknowledges that it implies an obligation to pay (eg, by labelling the order function with the words “order with obligation to pay”) Member states to: Adopt implementing legislation by 13 December 2013 Apply such legislation from 13 June 2014, to contracts concluded after such date Does not apply to contracts for passenger transport services, with the exception of Arts 8(2), 19 and 22

DIRECTIVE 2011/83 ON CONSUMER RIGHTS (2) 19 “Member States shall prohibit traders from charging consumers, in respect of the use of a given means of payment, fees that exceed the cost borne by the trader for the use of such means” 22 Trader must seek consumer’s express consent to any extra payment in addition to the price for the main obligation, and it may not be inferred from default options which the consumer has to reject

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