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European Consumer Centre (ECC) Italy Bolzano office

Consumer's Telegram December 2024

Insert of n. 93 - Editorial office: Centro Europeo Consumatori (European Consumer Centre Italy - Bolzano office)

E-COMMERCE

Can Christmas Presents that were Purchased Online be Returned

Consumers who buy their Christmas presents online are usually familiar with the 14-day right of withdrawal that applies to online purchases. However, the right of withdrawal does not always apply! For example, it is not possible to cancel purchases of personalised products or leisure contracts where the service has to be provided on a specific date or within a specific period, such as concert tickets, holiday packages, flights... The right of withdrawal does not exist either if a sealed product (e.g. a CD, DVD, video game) has been opened. Further information on the right of withdrawal is available on the website of the European Consumer Centre (ECC).

FLIGHTS

Ryanair Reimburses Extra Costs for Airport Check-in

The Italian Competition and Market Authority (AGCM) recently closed an unfair commercial practices case against Ryanair. Ryanair committed to reimburse the cost of airport check-in to consumers who, between 2021 and 2023, sent a complaint to the company not knowing the conditions applicable to online check-in. In addition, all consumers who paid for airport check-in during the same period will receive a refund of EUR 15 or, alternatively, a voucher worth EUR 20. The way in which the priority and hand baggage option is selected, will also be changed, so that passengers will be able to select the same service separately on outward and return journeys. Consumers who had complained about this will be refunded. For further information.

E-COMMERCE

Temu under the Magnifying Glass of the European Commission

The European Commission and the CPC Network are investigating whether the e-commerce platform Temu has violated the European Digital Services Act (DSA). Possible violations include several aspects, such as fake promotional prices, pressure on customers to complete a purchase because stocks are limited, forced ‘gamification’ (access to the platform works via a wheel-of-fortune game, whereby essential information about the conditions of use in relation to game winnings is hidden), misleading information about consumer rights, fake reviews and hidden contact information. Temu now has the opportunity to respond and formulate commitments and risks sanctions. For further information.

CASE OF THE MONTH
An Italian consumer withdrew the sum of 250 euros from an ATM in Austria. He was charged a fee of 2.90 euros by his Italian bank, but the Austrian bank also charged an additional 4.50 euros as well. The consumer contested the charge to the Austrian bank, which replied that the amount is a withdrawal fee for foreign card. Faced with this unsatisfactory response, the consumer turned to the European Consumer Centre (ECC) Italy, asking whether this additional fee, apparently only applied to consumers with foreign accounts, was legitimate. It is true, in fact, that if this fee was only applied to foreign account holders and not to Austrian ones, this would constitute a violation of the principle of equal treatment in payment transactions within the EU. ECC Austria therefore contacted the bank for clarification on this issue. The bank involved stated that it also charged the same fee to domestic customers but, surprisingly, was also immediately prepared to refund the 4.50 euros fee charged to the consumer anyway. Even though the amount involved was small for the individual case, it was very important to support the consumer in his concern, thus underlining the principle of equal treatment in European payment transactions.