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Case detail



Directive article Article 7 1.
National ID Decision no. RBG-27/2012
Country Poland Decision date 25/10/2012
Common name Decision type Administrative decision, first degree
Court Urząd Ochrony Konkurencji i Konsumentów, Delegatura w Bydgoszczy Plaintiff(s) The President of the Office of Competition and Consumer Protection
Court translation The Office of Competition and Consumer Protection, Delegature in Bydgoszcz Defendant(s) Eurolot S.A.
Subject terms & conditions
Keywords consumer rightsinformation obligationmisleading omissionsomissionright of cancellationright of withdrawal

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Headnote

It is an unfair commercial practice to remove from the online general terms and conditions information regarding conditions applicable to termination of electronic provision of services agreements.

Facts

The defendant is an enterprise conducting an activity as a flight operator. As a part of its business, it operates an online ticket sale system for flights with Eurolot S.A. or one of its affiliated operators, and offers options to make an advance online booking and to check-in online.

The general terms and conditions for online transactions stipulated the conditions for the termination of the electronic provision of services agreements in the past. However, this information was subsequently removed from the general terms and conditions which meant that the consumers did not have the knowledge regarding such termination at the time of entering into the agreement.
 

Legal issue

Is it an unfair commercial practice to withhold significant information regarding termination of electronic provision of services agreements from the consumer?

Decision

The President of the Office of Competition and Consumer Protection ruled that the website maintained by Eurolot S.A. contained insufficient information regarding conditions applicable to termination of electronic provision of services agreements, contrary to the Law on Electronic Provision of Services dated 18 July 2002 (uniform text, Journal of Laws no. 42, item 1204 as amended). Taking into account the popularity of purchasing flight tickets via Internet, a substantial number of consumers could have been affected by the practice.

The information regarding the conditions for termination of the agreements is crucial from the consumer's point of view and should therefore be disclosed to him at the time of entering into the agreement. Conditions relating to termination are one of the basic elements of an agreement, which further emphasizes the importance of a timely disclosure. Moreover, the abovementioned Law on Electronic Provision of Services expressly made compulsory the disclosure of this kind of information in this particular type of contract.

The defendant amended its general terms and conditions for online transactions accordingly during the course of the proceedings.

  URL Decision Decision full text
EN N/A
PL http://decyzje.uokik.gov.pl/dec_prez.nsf/0/F130089F504AF513C1257AB40056B8D2?OpenDocument

Result

The commercial practice was found to be unfair.

The President confirmed that the defendant had already stopped using the second of the contested practices.

The President imposed on the defendant a financial penalty paid to the state budget of PLN 46,873.00.
 

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