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Dr. Georg Rathwallner Consumer Protection Chamber of Labor Upper Austria. The Austrian consumers in the single market. I come from Upper Austria, a region with about 1.4 Mio inhabitants.
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Dr. Georg Rathwallner ConsumerProtection Chamber of Labor Upper Austria
The Austrian consumers in the single market I come from Upper Austria, a region with about 1.4 Mio inhabitants. The consumer protection center in Linz received 94.600 enquiries and complaints last year, most of them by phone or e-mail. The most important communication channel is our website www.ooe.konsumentenschutz.at with more than 2 million visits last year.
Cross border complaints • Most of the enquiries and complaints concern Austrian companies. • Only about 3 % refer to single market questions. • We try to resolve trans border complaints too, sometimes in cooperation with the European Consumer Centre (ECC) in Vienna or • our NEPIM Partners in Belgium, France, Spain, Italy and Germany or our friends of the Financial Services Ombudsman Network in UK and Ireland.
Cross border-shopping in most cases via Internet • 81 % of Austrian households are equipped with an internet access • 54 % of persons aged 16 to 74 are internet-shoppers • Amazon is the nr. 1
The most popular product groups for Internet-shoppers • clothing and sports articles • flights and other travel arrangements • books, e-books and • tickets for events
Problems in the Single Market • Discrimination in access to services • Denied Air Passenger Rights • Fraud in cross-border commerce
Discrimination in access to services and goods Austrian consumers are confronted • with a refusal to supply • or higher prices on the grounds of their nationality or place of residence when attempting to access services at a cross-border level. Such practices are prohibited by the EU Services Directive!
Discrimination in access to services and goods Consumers are most frequently confronted with price differentiation when trying to purchase . • goods such as electronic items, clothes and digital downloads (74 %) • tourism and leisure services (21 %) and in • car rental services (5 %)
Discrimination in access to services and goods Example 1 Two families resident in Italy booked a stay in an Italian hotel via an Austrian tour operator. Upon arrival at the hotel, the families were asked to pay an additional fee of € 400. When queried, the hotel and tour operator informed the consumers that Italians are obliged to pay an additional fee for a club card enabling them to use the hotel’s amenities. After intervention by ECC Austria the tour operator refunded the additional fee of € 400
Discrimination in access to services and goods Example 2 Austrian consumers booked a ferry trip from Venice to Patras with the company Minoan Lines. Due to economic reasons the route was cancelled. Minoan Lines offered a refund of the ticket costs of € 800,--. However, the consumers did not receive the promised refund. Due to the intervention of ECC Austria and ECC Greece the consumers were reimbursed
Denied Air Passenger Rights • Denied boarding, flight cancellation, delayed flights • Since 2005 passengers have rights of compensation up to 600 € (EC Regulation 261/2004) • But some airlines deny this right of compensation: Condor, Vueling, Ryan Air, Air Berlin
Denied Air Passenger Rights • no answer from airline • refer to extra ordinary circumstances • delaying tactics until the claim barred by the statute of limitation
Fraud in cross-border commerce consumer receive scams involving: • purchase of used cars online • counterfeit products • alleged free trials • the sale of tickets online and • data phishing
Fraud in cross-border commerce • Many complaints concerning online-tickets • consumers must pay the tickets in advance, which should only be delivered a few weeks or days before the concert. • De facto, however, a delivery never took place. The companies over which the tickets were bought, also do not respond to requests for reimbursement of affected consumers. • There is a suspicion of fraud in these cases, the chances to get the ticket costs refunded is rather low. Consumers only option is the place a complaint at the police.
Dr. Georg Rathwallner konsumentenschutz@akooe.at 3112 3880 Consumer Protection