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

Hans-W. Micklitz
Availability of
contract
terms prior to
the
conclusion of
the contract
Information
on the
applicable
law
Form of
contract
conclusion
Travel agencies
and tour
operators
EN 13809
4. Content of the contract
Hotel and other
type of tourism
accommodation
EN ISO 18513
Recreational
diving services
EN 14153-1-2-
3, EN 14413-1-
2-EN 14467
choosing the
proper diving
equipment;
Individual
clients need
certificate, EN
14153-1-2-3, or
14413-2
EN 14467
4.2.1. first
indent,
contractual
issues including
conditions
bearing on
signature,
delivery,
termination of
contract
Language
study tour
EN 14804
3.3. b) terms
and conditions
of booking
3.1. pre-booking
in written form
Giving shape to the content of the contract could, in theory, be a subject matter
for standardisation. However, in practice, there is little evidence that Standard
Bodies are prepared to tackle the issue.
a) Affordability, minimum content, safety, quality, payment
There are no rules on the content of the contract at all in the six standards
examined. Directive 90/314/EEC on package tours, however, relies heavily on
the idea of guaranteeing the consumer, in this case the traveller, who could be
a consumer but also a businessman, if the package comes under the scope of
the Directive, that the contract covers a set of basic elements (see Annex lit a)
to k) to the Directive 90/314/EC). No such rules exist for billing. Again this
loophole could be filled by standards.
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