Consumer Rights Act 2022
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Additional information requirements for distance contract concluded by electronic means | ||
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108. (1) This section applies to a distance contract concluded by electronic means, including the following types of contract: | ||
(a) a package travel contract; | ||
(b) a contract for passenger transport services. | ||
(2) This section shall apply to packages and linked travel arrangements subject to the following modifications and any other necessary modifications: | ||
(a) a reference to a trader shall be construed as a reference to an organiser or a trader facilitating linked travel arrangements; | ||
(b) a reference to a consumer shall be construed as a reference to a traveller; | ||
(c) a reference to a package travel contract shall be construed as a reference to a package travel contract or a linked travel arrangement. | ||
(3) If a contract places a consumer under an obligation to pay, the trader shall make the consumer aware in a clear and prominent manner, and directly before the consumer places his or her order, of the information specified in clauses (a), (f) to (h), (t) and (u) of Schedule 3 . | ||
(4) The trader shall ensure that the consumer, when placing an order, explicitly acknowledges that the order implies an obligation to pay. | ||
(5) If placing an order in accordance with subsection (4) entails activating a button or a similar function, the trader shall ensure that the button or similar function is labelled in an easily legible manner, with only the words “order with obligation to pay”, or with a corresponding unambiguous formulation indicating that the order entails an obligation to pay the trader. | ||
(6) If the trader has not complied with subsection (4) and, where applicable, subsection (5), the consumer is not bound by the contract or order. | ||
(7) A trader who contravenes subsection (3), (4) or (5) commits an offence. |