Rechtspraak

  • Bijzonderheden van de zaak
    • Nationaal ID: Administrative Supreme Court, 15 May 2018
    • Lidstaat: Nederland
    • Gangbare benaming:N/A
    • Soort beslissing: Beslissing hooggerechtshof
    • Datum beslissing: 15/05/2018
    • Gerecht: College van Beroep voor het bedrijfsleven
    • Onderwerp:
    • Eiser:
    • Verweerder:
    • Trefwoorden: price information, misleading omission
  • Richtlijnartikelen
    Package Travel Directive, Article 3, 1.
  • Koptekst

    ECLI:NL:CBB:2018:145

  • Feiten

    The Court is of the opinion that the ACM’s Report contains, among other things, a factual description of what the supervisory authority observed on 20 August 2015, namely that the offers on Corendon’s website do not mention the unavoidable booking costs and costs for the Calamity Fund. The ACM further described that those (variable) unavoidable costs are only shown in the footer at the bottom of each web page until the selection of a certain week and price is shown on a virtual receipt. Corendon does not dispute the accuracy of these observations by the regulator. Nor does it dispute ACM'’s assertion that the recordings in screenshots of the website of 5 November 2015 do not deviate from the situation on 20 August 2015.

  • Juridische kwestie

    Unavoidable booking costs and costs for the Calamity Fund.

  • Uitspraak

    The Court is of the opinion that the ACM’s Report contains, among other things, a factual description of what the supervisory authority observed on 20 August 2015, namely that the offers on Corendon’s website do not mention the unavoidable booking costs and costs for the Calamity Fund. The ACM further described that those (variable) unavoidable costs are only shown in the footer at the bottom of each web page until the selection of a certain week and price is shown on a virtual receipt. Corendon does not dispute the accuracy of these observations by the regulator. Nor does it dispute ACM'’s assertion that the recordings in screenshots of the website of 5 November 2015 do not deviate from the situation on 20 August 2015. The Court is of the opinion that, by stating a price in the various offers of package holidays on its website that does not include all the costs (components) and, incidentally, by not stating in it that there are additional costs and the amount thereof, Corendon withheld essential information from a consumer as a result of which the consumer made a decision about a contract that he would not have taken otherwise.

    There is no mention of entry-level prices as referred to in the Ving Sverige judgement, so that Corendon cannot derive any support from that judgement. The mentioning of the additional costs in the footer at the bottom of the web page is insufficient because the average consumer can assume that the price information provided to him in a specific offer is complete. A consumer does not, therefore, have to be aware that the price stated in it does not include all the costs (components) and will, therefore, not spontaneously look for a possible statement in another place, such as a footer of a website, to see if there are additional costs.

    The circumstance that the appellant is, in principle, free to include certain essential information (such as Corendon’s address details) in the footer of its website, does not lead to a different opinion since stricter statutory requirements apply to price information. The communication medium used – a website – does not have any time or space limits and is therefore ideally suited to providing the consumer with the price at an additional cost without restrictions in the offer. The transfer of the statement of the additional costs from the bottom of the footer to just above the footer and the asterisk inserted later by Corendon did not result in the price information mentioned in the offers being complete so that the appellant did not end the infringement. This also applies to the period from 20 January 2016 to 9 February 2016, in which ACM’s allegation is limited to the price table on the so-called offer-specific page. In this context, the Court considers that the offer-specific page also contains a commercial message that states the characteristics and price of a (specific) trip and thus provides the consumer with information to make a decision about a purchase. That web page must therefore independently meet the requirements of articles 6:193d and 6:193e BW for an invitation to purchase.

    URL: https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:CBB:2018:145

    Integrale tekst: Integrale tekst

  • Verwante zaken

    Geen resultaten

  • Rechtsleer

    Geen resultaten

  • Resultaat

    In the opinion of the Board, it is irrelevant that consumers, before they arrive at the offer-specific page, have already passed the homepage where the additional costs have been adequately shown, regardless of the accuracy of Corendon’s statement.