Regulations ROME I and ROME II and Maritime Law by Balzan Reuben;Natov Nikolay;Vassilakakis Evangelos;

Author:Balzan, Reuben;Natov, Nikolay;Vassilakakis, Evangelos; [Vassilakakis, Evangelos]
Language: ita
Format: epub
Tags: General Fiction
Publisher: G. Giappichelli Editore
Published: 2014-01-01T00:00:00+00:00

c) The exclusion of the relevance of the rules on consumer contracts

Article 15, par. 3, of the Regulation 44/2001 (and Article 17, par. 3, of the new Regulation) expressly provides that all rules relating to consumer contracts do not apply to contracts of transport, unless these contracts involve a combination of travel and accommodation for an inclusive price. This means that contracts for the transport of persons or goods, as well as mixed transport contracts, should not fall within the scope of the special provisions on consumer contracts, since the express derogation exclusively regards the so-called all-inclusive travels, that is those providing combined services of transport and accommodation 14.

Not surprisingly, national jurisprudence has considered cases of booking of a boat trip, including a combination of travel and accommodation for an inclusive price, as falling withing the category of consumer contracts 15.

The Court of Justice, in its decision of 7 December 2010, case C-585/08 and C-144/09, Pammer, stated that a contract of transport which, for an inclusive price, provides for a combination of travel and accommodation, falls within the scope of Article 15, par. 3, of the Regulation 44/2001.

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