Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: Supreme Administrative Court, Judgement eA-2344-525/2020
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Administracinis sprendimas apeliacinėje byloje
    • Sprendimo data: 16/12/2020
    • Teismas: Lietuvos Aukščiausiasis Teismas
    • Tema:
    • Ieškovas:
    • Atsakovas:
    • Raktažodžiai: unfair commercial practices, distance contracting, precontractual information
  • Direktyvos straipsniai
    Unfair Commercial Practices Directive, Chapter 2, Article 5
  • Įžanginė pastaba

    It is considered an unfair commercial practice if consumers are not clearly informed that booking a holiday package by payment does not guarantee that the package will be fulfilled in its entirety. Similarly, in the event that the package is cancelled, the alternatives may be unequal.

  • Faktai

    The State Consumer Rights Protection Authority adopted a ruling finding that applicant UAB ”Traveldeals LT“ had violated the Lithuanian Law on prohibition of unfair commercial practices by unclearly and too generally providing consumers with information that the submission of a travel order on the website www.makalius.lt and the transfer of money for the trip does not guarantee that the user's order will be fulfilled, and if the order is cancelled, the offered alternatives may be unequal. The applicant appealed this ruling. The First Instance Court upheld the action.

  • Teisės klausimas

    Should a commercial practice where consumers are asked before booking and before paying in an online form if they agree with the terms and conditions of tourism services contract by ticking a box and a clause of the contract states that signing the contract does not guarantee that the reservation will be confirmed for the selected hotel, be regarded as unfair?

  • Sprendimas

    The condition that the signing of the contract does not yet guarantee the confirmation of the reservation for the selected hotel was not hidden or misleading - it was clearly and specifically stated in the tourism contract, which the consumer had to read and confirm by ticking a box in order to purchase a tourist trip. It follows that, in the present case, consumers were provided with sufficient information to determine their economic behaviour with regard to the products offered, namely tourist travel. This information was provided in the contract, which the consumer must familiarise himself with before purchasing a tourist trip and must confirm this acquaintance even twice before purchasing the trip. It must therefore be held that the average prudent and attentive consumer would have noticed this clause of the contract. The mere fact that the said condition is included in the contract and is not separately identified on the website www.makalius.lt does not constitute a basis for deciding on the incompleteness of the information.

    URL: https://eteismai.lt/byla/115047937550327/e3K-3-499-684/2018?word=brokas%20suprantamas

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  • Susijusios bylos

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  • Teisinė literatūra

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  • Rezultatas
    The Court left the decision of First Instance Court unchanged.