Legislator Case Law & Legislation
ECLI:NL:RBAMS:2018:1756 ECLI:NL:RBAMS:2018:1756 AI generated

Consumer claims unfair contract terms regarding flight delay compensation and internet tariff information at Schiphol.

Case Number ECLI:NL:RBAMS:2018:1756
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court ruled in favor of the consumers, ordering the defendant to pay €94.10 and legal costs. The court found the defendant committed an unfair trading practice by failing to inform consumers about a lower internet tariff, thereby preventing them from making an informed choice. Consequently, the contract was partially annulled to reflect the more favorable internet rate, and the defendant was held liable for the resulting financial loss.

Legislator headnote

AI generated

Articles 6:193j BW; Unfair Trading Practice Directive: Where a trader fails to inform a consumer of a more favorable alternative tariff, the contract is partially annulled to reflect the favorable terms, and the trader is liable for the resulting loss.

Keywords

AI generated
unfair trading practice consumer protection partial annulment flight delay compensation informed consent Schiphol tariff Burgerlijk Wetboek

Cited Legislation

AI generated
Article 6:193j paragraph 3 of the Civil Code (BW)
Unfair Trading Practice Directive
artikel 6:193d lid 1 BW
artikel 6:193j lid 3 BW
AI generated

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