Rules of jurisdiction and conflict rules relating to online cross-border contracts concerning touristic services provided to consumersRules of jurisdiction and conflict rules relating to online cross-border contracts concerning touristic services provided to consumers
Computer law and security review
32(2016):3, p. 482-494
University of Antwerp
When booking their holiday, consumers progressively use the Internet. Doing so, contracts are increasingly concluded with foreign touristic services providers without the intervention of an intermediary located in the consumer's country. In the case of cross-border contracts relating to touristic services booked on-line, the question arises which courts are competent and which law is applicable. This paper will show 1) that different rules of jurisdiction and conflict rules apply depending on the type of holiday which is booked (which makes it all very complicated for consumers), and 2) that not all of these rules, which are important in the context of the provision of touristic services, protect consumers sufficiently, i.e. allow the consumer to bring the case before a court in his own country or to invoke the protection which is incorporated in the law of his own country. In order to improve the consumer's position, simpler and more consumer friendly rules of jurisdiction and conflict rules are proposed at the end of this paper. (C) 2016 Reinhard Steennot. Published by Elsevier Ltd. All rights reserved.