Online purchase of tickets (rail or sea) is a form of distance selling and, as such, governed by Articles. 49 et seq. of the Italian Consumer Code (Legislative Decree. n. 206/2005 as well as recently amended by Legislative Decree no. no. 21/2014) that, in addition to providing the information obligations imposed on the seller, also regulate the right of withdrawal of the consumer in the case of a subsequent reconsideration within 14 days of signing the contract on the web.
However, this general rule, there are exceptions.
It must be noted that the right of withdrawal is not applicable to the hypothesis of online purchasing of travel tickets and this by virtue of the combined provisions of Articles. 59 and 47 of the Consumer Code.
First, Article 59 of the Code. Consumption, which specifically regulates the exceptions to the right of withdrawal, provides that “The right of withdrawal referred to in Articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded “, among other assumptions, as well as for contracts which have as their object the provision of accommodation for non-residential, rental cars and catering services, also supplies of ‘services relating to leisure activities, if the contract provides for a date or period of performance “(cfr. art. 59 Cod. Cons. letter. n).
The letter. a) of Article. 59 also provides for the exclusion of the right of withdrawal for contracts having as their object services for which you have already started the execution with the express consent of the consumer.
It follows, therefore, that the right of withdrawal must be excluded whenever buying travel tickets online falls within those services which target the leisure activities – such as, for example, the holidays – and when services related to travel where the tickets were purchased already made clear initiated immediately after the sale.
The provisions of article just mentioned, are then added to those of Article 47 of the same Code. That article, which governs in general consumer rights in contracts, refers both to the discipline of “travel packages and holiday” both to the specific provisions of the Code of Tourism (Legislative Decree no. 79/2011), and excludes from the application of many provisions on distance contracts or negotiated away from business premises, all contracts relating to “passenger transport services”, including those regarding the right of withdrawal.
In light of the framework outlined above, it must be said that the purchase of travel tickets, air, rail or sea via the web is not protected by the right of withdrawal.
Only remedy attributed to the traveler who wishes to withdraw from the insurance policy is carried out aimed at the ticket reimbursement in the event of rethinking or waiver that often is offered directly on the websites of sellers along with other accessories and services can be purchased with a simple “click” on the boxes at the date of the order.
We note, finally, that the provision of the law in no way prevents the seller to recognize the consumer / traveler the opportunity to withdraw from the purchase already made, but it is merely an option contract the seller subject to specific terms and conditions (such as, for example, illness or injury). In some cases, the seller may well predict the retention of a percentage of the price already paid (so-called cancellation fee).