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Dr. Georg Rathwallner

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Consumer Protection ... circumstances delaying tactics until the claim barred by the statute of limitation Denied Air Passenger Rights * consumer receive scams ... – PowerPoint PPT presentation

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Title: Dr. Georg Rathwallner


1
  • Dr. Georg Rathwallner
  • Consumer Protection
  • Chamber of Labor Upper Austria

2
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.

3
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.

4
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5
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

6
The most popular product groups for
Internet-shoppers
  • clothing and sports articles
  • flights and other travel arrangements
  • books, e-books and
  • tickets for events

7
Problems in the Single Market
  • Discrimination in access to services
  • Denied Air Passenger Rights
  • Fraud in cross-border commerce

8
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!

9
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 )

10
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 hotels amenities. After intervention by
    ECC Austria the tour operator refunded the
    additional fee of 400

11
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

12
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

13
Denied Air Passenger Rights
  • no answer from airline
  • refer to extra ordinary circumstances
  • delaying tactics until the claim barred by the
    statute of limitation

14
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

15
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.

16
Thank you for your attention!
17
  • Dr. Georg Rathwallner
  • Consumer Protection
  • 3112
  • 3880
  • konsumentenschutz_at_akooe.at
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