As of 01/01/22 through Directive 2019/770 and 2019/771, you will be protected when digital content and digital services are faulty. The Directives provides remedies for such faults by asking the trader to fix the problem, and if the problem persists, the consumer may request a price reduction or the termination of the contract and get a refund thereof.
This protection also applies to subscriptions and content which were not purchased. Once the content is defective, you will be protected. Moreover, you have the right to terminate long term contracts or contracts where the supplier makes significant changes.
The new Directives provide that goods must conform both with what is agreed and what the consumer could reasonably expect. Thus, where there is a lack of conformity, the same remedies should apply throughout the European Union.
If the seller is unable or fails to repair or replace a defective product, you will have the right to terminate the contract and be refunded in case of minor defects.
Due to the current situation, airlines are applying different methods. Generally, if the airline cancels the flight, you are entitled to a refund. Some airlines may offer a voucher (valid for up to a year) instead of a refund. You will be able to use such vouchers for another trip with the same carrier. However, accepting the voucher does not mean that you lose your right to the refund. If you accept the voucher and do not use it within the time limit stipulated by the airline, you have the right to request a refund.
Usually, you cannot cancel a flight yourself for free, and you may not be entitled to a refund. However, if the fare of the ticket offers the option of changes and cancellation, such benefits will apply and can be:
- Free of charge; or
- With the payment of a price difference for rebooking; or
- The application of a fee for the cancellation of the ticket; or
- The loss of the money paid for the ticket.
It is fundamental to read the fare’s terms and conditions carefully. Due to the pandemic, some airlines offer goodwill gestures, like rebooking’s free of charge
If the airline carried out the trip to the country of destination, the airline would be fulfilling its obligation to carry out the flight. Therefore, if you decide to cancel your flight, the responsibility will lie on you and not the airline. You must observe the terms and conditions that govern the ticket purchased.
On the other hand, if the airline carries out the trip but denies you boarding due to the entry restrictions, Regulation 261/2004 on Passenger Rights shall apply. In this scenario, you may claim reimbursement of the ticket, among other options.
If the hotel is operating, i.e., open and is providing the service, you are not entitled to a refund unless the general conditions of the booking provide for the possibility of free cancellation. You should, therefore, check the Terms and Conditions of the Hotel and contact the hotel to find a solution.
If you purchased insurance that covers this type of situation, you are entitled to a refund under the conditions imposed by the insurance.
If you have no insurance and your reservation cannot be modified or cancelled, you will unfortunately not be able to demand a refund. We advise you to contact the lessor to find an amicable agreement with him, such as a voucher equivalent to the value of your stay valid at least for one year.
No. You will not be able to cancel free of charge as long as the hotel remains open for business. Therefore, the contract conditions regarding cancellation found in the General Terms and Conditions apply.
It is advisable that you contact the hotel, inform him about the situation and try to reach an amicable agreement. The hotel might accept to cancel the stay or issue a voucher. You have to keep in mind that the hotel is not obligated to cancel or issue vouchers in this circumstance.
In the case of flight cancellation, the airline that was supposed to operate the flight must offer the passenger a refund or a voucher. However, there is no specific obligation on intermediaries.
Therefore, we advise that you contact the airline company directly and ask them in writing for a refund of the purchased tickets. If you still do not receive a refund, you can contact the ECC, which will be able to assist you.
A valid passport will be required as of 1st October 2021.
Note that if you plan to stay in the UK for more than 90 days over a period of 180 days, you will need to apply for a VISA.
If you fly to the United Kingdom from the European Union, even post Brexit, you are protected by EU regulation 261/2004, regardless of your airline company’s nationality as the EU protects all passengers taking off from an EU country, Iceland, Norway, and Switzerland.
Moreover, if you take off from the UK, air passenger rights still apply regardless of the destination or the nationality of the carrier.
The European pet passport is still valid in the UK after Brexit and should be presented before entering the UK. However, British citizens travelling to the EU with their pets must ask their vet to certify that the pet has been in good health for 4 months, no earlier than 10 days before they leave.
British law has transposed the European Directive providing for the legal guarantee of conformity and goes even further. If you purchase a good in the UK with a defect, you can ask the seller to repair or replace it. This guarantee lasts 6 years for new goods in England, Wales and Northern Ireland and 5 years in Scotland. You do not have to prove that the goods were defective in the first 6 months after purchase.
As of 1/01/21, all purchases made from UK web shops are considered made from outside the European Union. As soon as you buy a product from a non-EU country, you will be subject to import tariffs and VAT. These fees are likely to be paid on top of the purchase price advertised.
No. As of 1/01/21, the ESCP is no longer possible against a UK professional. Thus, one would have to turn to a British Small Claims Procedure.
European driving licences are no longer automatically recognised. It is recommended that you request an international driving licence to drive in the UK.
In this case, the ECC will not be able to intervene. The ECC deals only with the consumer to business transactions. A consumer is a person acting outside his trade, business, or profession. In this case, the matter is to be dealt with privately, or one may also consider taking legal action.
The ECC deals with complaints against businesses situated in the EU Member States, Norway and Iceland. If you have a complaint against a company outside the European Union Member States, Norway, or Iceland, you may wish to log onto www.econsumer.gov.
Buying from a private individual will reduce your rights considerably since, in such circumstances, both the seller and the buyer will be acting in a personal capacity. Thus, the transaction will not be regulated by consumer legislation.
Whilst the remedy, in this case, depends a lot on what the fault is, under EU consumer legislation, the quality and performance of the goods sold must be satisfactory, given the nature of the goods and considering the statements made about them by the seller or his representative. If the car developed a fault that you could not have noticed at the time of purchase, you are entitled to a remedy. Thus, you must first contact the seller to agree on how the fault will be repaired, for example, whether you can take the car to a local approved mechanic by the seller to carry on the repairs.
Distance shopping gives you the right to return the goods bought within 14 days from when you receive the goods without providing any reason to the seller. This right is only applicable if the seller is in an EU Member State, Norway, and Iceland. However, the seller may request you to incur the shipping costs.
No. The right of withdrawal applies only for distance purchases such as online purchases. However, whilst the seller has no legal obligation to accept returned goods and give a refund, it may be possible that the store’s policy allows for this possibility. The seller may accept to refund or issue you a credit note or a voucher. It is advisable to ask the seller or person responsible before making the purchase.
No. The right of withdrawal does not apply to goods made according to the consumer’s requirements and specifications supplied to the seller, otherwise known as custom-made goods.
Goods purchased must conform with the contract of sale; furthermore, the product needs to be fit for the purpose for which products of the same type are typically used. Therefore, when there is a lack of conformity, the consumer is entitled to have the product repaired or replaced within a reasonable time and with the least inconvenience. The seller is liable for any lack of conformity within two years from delivery.
The seller has the option to repair the product. You will be entitled to a replacement if it is not possible to repair the product or if it will cause you inconvenience. You may also be entitled to a refund if repair or replacement is not possible or in some circumstances to choose an appropriate reduction of the price.
Yes. When your flight is cancelled, you are entitled to compensation calculated according to the distance of your flight. Furthermore, you are also entitled to the right of care provided by the airline if you are waiting for alternative transport. If you are not interested in the alternative options offered by the airline, you have the right to claim a refund of the unused portion of the ticket.
The right to compensation does not arise if the flight is delayed for more than 3 hours or cancelled due to extraordinary circumstances, that is, circumstances that are beyond the airline’s control.
You are entitled to claim the expenses incurred for purchasing the required needs from the airline. You must retain all the receipts and make a claim in writing to the airline within 21 days from when the luggage arrived.