Travellers rights and opportunities as consumers
| Author | European Commission |
| Pages | 12-17 |
Page 12
When you travel to another country you often have the opportunity to buy goods and services. Although you may not always think about it, you should be aware that you are entitled to certain rights and opportunities as a consumer travelling in other EU Member States. While your rights as a European consumer are described in the guide entitled "Buying goods and services in the single European market", it may nevertheless be particularly useful, when considering travelling to another Member State, to be aware of the facts set out below.
When you are inquiring about flights or making a reservation through a travel agent in the European Union, travel agents must give you precise and objective information on the flights available for the destination chosen. At your request, you must be given the option of consulting the information supplied by the computer system directly by reading the screen or by having the information printed on paper.
Air travel is a contract which confers certain rights on its passengers. You can request a copy of this contract from the airline or your travel agent.
In accordance with international agreements, airlines are responsible for any detriment caused by flight delays, unless they can prove that they have made every effort to avoid causing detriment or that it was impossible to avoid.
They are also responsible for any loss or damage to luggage. You should contact your airline or travel agent for further information.
As an air traveller you may already have been denied access to a flight. You should know that you have certain rights if you are denied access to an overbooked scheduled flight, provided you have duly presented yourself for check-in within the required time limit, and have a valid ticket and a confirmed reservation for the flight in question.
Under such circumstances, the air carrier must, immediately after boarding is denied, pay compensation in cash, or, with your agreement, in travel vouchers and/or other services.
Moreover, you have the right to choose between:
* reimbursement, without penalty, of the cost of the ticket for the part of the journey not made; or
* re-routing to your final destination at the earliest opportunity; or
* re-routing at a later date at your convenience.
In addition, the air carrier must offer free of charge the cost of a telephone call (or a telex or fax message) to your place of destination and meals and refreshments depending on waiting time. If you are held up for one or more nights, the carrier must also offer you hotel accommodation.
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If you accept a replacement flight to another airport, the carrier must provide you with transport between the airport and your initial destination.
In the event of boarding being denied on a flight sold as part of a package tour (see below), the air carrier must compensate the tour operator who has concluded the contract with you and the tour operator must pass on to you the sums thus received.
However, you enjoy these rights only in the case of scheduled flights (charter flights are exempted) from an airport located on the territory of a Member State of the European Union and subject to Community law.
The information in question must be made available to the public at the carrier"s agencies and at check-in counters, and air carriers must provide each passenger who has been denied boarding with a form setting out the compensation rules concerned.
For further information, see the factsheet on "Overbooking in air transport".
If, when visiting another EU Member State, you decide to hire a motor vehicle, you also have certain rights as a national of an EU country. You need only present to the car hire firm the driving licence issued to you in your country of residence. Your driving licence is proof of your right to drive the same types of vehicle everywhere in the EU as those you are entitled to drive in the country which issued your licence.
Moreover, the car hire firm may not include in the hire contract unfair clauses, e.g. waiving any liability on its part in the event of an accident caused by an inherent defect in the vehicle or motorbike or due to poor maintenance. Unfair clauses are unlawful throughout the Union and cannot be invoked against you (see "Unfair terms").
If you purchase a package deal, Community legislation gives you rights which are applicable in all countries of the Union.
The term "package" means a service that is offered for sale at an all-inclusive price, covers a period of more than 24 hours or includes overnight accommodation and combines at least two of the following:
* transport;
* accommodation;
* other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.
Community legislation lays down various rules concerning consumer information, terms which must be included in the contract, strict conditions under which the prices quoted in the contract may be altered, and the conditions under which the contract may be rescinded or cancelled. The rules also cover certain aspects concerning the consequences of non-performance or improper performance of the contract, including liability and guarantees in the event of insolvency or bankruptcy of the service provider.
(For further information, see the fact sheet on "Package travel").
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You are entitled to buy goods and services for your personal use in another Member State under the same tax rules as apply to nationals of the country concerned. You can take your purchases home with you without having to pay additional VAT or excise duties. There are some exceptions to this rule, however, principally with regard to the purchase of new means of transport and business-related purchases (for further information concerning motor vehicle taxation, please refer to the guide "Buying goods and services in the single European market").
However, Member States have the right to levy excise duties on tobacco products and alcoholic beverages if these products are not intended for personal use. The indicative quantities below are recognised generally as intended for personal use. If you are carrying a larger quantity of such goods, you may be asked to prove that they are intended for personal use at events which justify the purchase of such large quantities e.g. weddings.
* 800 cigarettes
* 400 cigarillos
* 200 cigars
* 1 kg of tobacco
* 10 litres of spirits (+ 22 % alcohol content)
* 20 litres of apritifs or intermediate products (e.g. sherry)
* 90 litres of wine, 60 of which may be sparkling wine (45 and 30 litres respectively in Ireland)
* 110 litres of beer (55 litres in Ireland)
Denmark, Finland and Sweden have deferred the full entry into force of these rules until 1 January 2004. These countries therefore continue to place restrictions on the quantity of tobacco products and alcoholic beverages that can be imported with having to pay tax, whatever use they are intended for.
* Denmark: persons travelling to Denmark, or residents of this country who have spent 24 hours or more in another country may import 300 cigarettes, 150 cigarillos, 75 cigars or 400g of tobacco and 1.5 litres of spirits without having to pay tax. Danish residents who have spent less than 24 hours in another country may import 100 cigarettes, 150 cigarillos, 75 cigars or 400 g of tobacco, but no spirits.
* Finland: persons travelling to Finland are restricted to 300 cigarettes, 150 cigarillos, 75 cigars or 400g of tobacco; 1 litre of spirits; 3 litres of apritifs, intermediate products (e.g. sherry) or sparkling wine; 5 litres of non-sparkling wine; and 32 litres of beer.
* Sweden: persons travelling to Sweden are restricted to the following quantities:
Tobacco products
(PDF File)
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Alcoholic beverages
(PDF File)in 2002 in 2003
Irrespective of the EU Member State in which you, as a consumer, conclude with a business enterprise a contract for the purchase of goods or services, you are protected against unfair terms in that contract.
A contract term is in principle regarded as unfair if it causes a significant imbalance in the parties" rights and obligations arising under the contract, to the detriment of the consumer. For example, you might buy a domestic electrical appliance where the standard terms applied by the seller disclaim liability in the event of late delivery of the product, or stipulate that the firm shall under no circumstances be liable for consequential damage caused by hidden defects.
If you come across unfair terms you have the right to challenge them or to ignore them - you are not bound by them.
The conditions under which these terms are invalid are specified in the rules of each Member State.
These conditions, as well as other practical examples and particulars, can be found in the fact sheet on "Unfair terms".
When there is doubt as to the meaning of a written term (including standard terms) in your contract with a business enterprise, the interpretation most favourable to the consumer will prevail. This derives from the general rule whereby, if some or all of the terms in a contract are in writing, they must be drafted in plain, intelligible language.
(For further information on the rights referred to in this section, please consult the guide entitled "Buying goods and services in the single European market".)
Order form
The Europe Direct service provides guides about the European Union and its single market. They are supported by factsheets, which tell you how to exercise your rights in each EU country.
Please choose the guides and factsheets you want by ticking the appropriate boxes. For factsheets, please indicate the code of the country in which you are interested.
Austria (A), Belgium (B), Denmark (DK), Finland (FIN), France (F), Germany (D), Greece (EL), Ireland (IRL), Italy (I), Luxembourg (L), Netherlands (NL), Portugal (P), Spain (E), Sweden (S), United Kingdom (UK).
Each subject has a guide (in bold) and supporting factsheets (in normal type):
(Guide and supporting Facsheets in PDF File)
