Services Standards: Defining the Core Consumer Elements ... - ANEC

Services Standards
Joint/subsidia
ry liability in
trilateral
contracts
Liability for
personal
injury and
belongings
Consumer
contract law
on services
Rules on
combined
contracts
(sale and
credit) credit;
package tour
(liability of
operator);
financed time
sharing
contracts
Transport
Air carrier
liability in the
case of
accidents 375 ;
Railway
undertakings;
envisaged
liability in
case of
accidents
(also hand
luggage)
along the line
of the
Montreal
convention 376
;
Financial
services
Triangle
credit card
issuer,
contracting
company and
credit card
user
Network
services for
customers
(electricity,
gas,
telecommun
ication,
postal
services)
Postal
services:
particularly in
case of loss,
theft or
damage 377
Services
such as
contracts
with liberal
professions
and
craftsmen
Professional
liability
insurance
and
guarantees 378
5. Post-contractual stage – after-sales services, complaint handling,
dispute settling, collective redress, protection against insolvency
The contractual obligations do not end with the performance of the original
obligations. Quite often service providers offer maintenance and after-sales
services; these are provided mostly on a voluntary basis.
375 Regulation 2027/97 as amended by Regulation 889/2002.
376 COM (2004), 143 final, 3.3.2004.
377 Article 19 Directive 2002/39/EC. Strictly speaking the Directive presupposes that such rules
exist under national law.
378 Article 23 of the Service Directive.
121