Source: European Parliament
Fines for air passengers not having checked in online by a certain time before departure are usually stipulated in the relevant airline’s terms and conditions of carriage.
Under Council Directive 93/13/EEC[1] on unfair terms in consumer contracts, standard contract terms are regarded as unfair ‘if, contrary to the requirement of good faith, they cause a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer’. Unfair contract terms are not binding on consumers.
The indicative list of unfair terms in the annex to the directive mentions disproportionately high penalties that consumers are requested to pay when failing to comply with their obligations.
Under current EU consumer law, the Member States are responsible for the enforcement of consumer law. Whether or not a specific contract term is unfair under Council Directive 93/13/EEC is therefore assessed by national authorities and courts.
Depending on their assessment, Member State authorities may take appropriate action against the use of such terms. In the event of a suspected widespread infringement of consumer law, Member State authorities may also activate the Consumer Protection Cooperation Network[2] established under Regulation (EU) 2017/2394[3].
- [1] Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, OJ L 95, 21.4.1993, p. 29-34.
- [2] https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/enforcement-consumer-protection/consumer-protection-cooperation-network_en
- [3] Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004, OJ L 345, 27.12.2017, p.1-26.