Title
Rules of jurisdiction and conflict rules relating to online cross-border contracts concerning touristic services provided to consumers Rules of jurisdiction and conflict rules relating to online cross-border contracts concerning touristic services provided to consumers
Author
Publication type
article
Publication
Subject
Law
Source (journal)
Computer law and security review
Volume/pages
32(2016) :3 , p. 482-494
ISSN
0267-3649
ISI
000376807900009
Carrier
E
Target language
English (eng)
Full text (Publishers DOI)
Affiliation
University of Antwerp
Abstract
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.
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