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F1 Source: Consolidated text of Directive 2011/83/EU on consumer rights, version applicable from 27.09.2026 (Publications Office of the EU, CELEX 02011L0083-20260927, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02011L0083-20260927).
F2 Retrieved: 2026-09-26
F3 02011L0083 — EN — 27.09.2026 — 003.001 This text is meant purely as a documentation tool and has no legal effect.
F4 The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex.
F5 Those official texts are directly accessible through the links embedded in this document ►B DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (Text with EEA relevance) (OJ L 304 22.11.2011, p. 64) Amended by: Official Journal No page date ►M1 DIRECTIVE (EU) 2015/2302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2015 L 326 11.12.2015 ►M2 DIRECTIVE (EU) 2019/2161 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 November 2019 L 328 18.12.2019 ►M3 DIRECTIVE (EU) 2023/2673 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 November 2023 L 2673 28.11.2023 ►M4 DIRECTIVE (EU) 2024/825 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2024 L 825 6.3.2024 DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (Text with EEA relevance) CHAPTER I SUBJECT MATTER, DEFINITIONS AND SCOPE Article 1 Subject matter The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by approximating certain aspects of the laws, regulations and administrative provisions of the Member States concerning contracts concluded between consumers and traders.
F6 Article 2 Definitions For the purpose of this Directive, the following definitions shall apply: ‘consumer’ means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession; ‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive; ‘goods’ means goods as defined in point (5) of Article 2 of Directive (EU) 2019/771 of the European Parliament and of the Council ( ‘goods made to the consumer’s specifications’ means non-prefabricated goods made on the basis of an individual choice of or decision by the consumer; (4a) ‘personal data’ means personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council ( ‘sales contract’ means any contract under which the trader transfers or undertakes to transfer ownership of goods to the consumer, including any contract having as its object both goods and services; ‘service contract’ means any contract other than a sales contract under which the trader supplies or undertakes to supply a service, including a digital service, to the consumer; ‘distance contract’ means any contract concluded between the trader and the consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded; ‘off-premises contract’ means any contract between the trader and the consumer: concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader; for which an offer was made by the
F7 consumer in the same circumstances as referred to in point (a); concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer; or concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer; ‘business premises’ means: any immovable retail premises where the trader carries out his activity on a permanent basis; or any movable retail premises where the trader carries out his activity on a usual basis; ‘durable medium’ means any instrument which enables the consumer or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; ‘digital content’ means digital content as defined in point (1) of Article 2 of Directive (EU) 2019/770 of the European Parliament and of the Council ( ‘financial service’ means any service of a banking, credit, insurance, personal pension, investment or payment nature; ‘public auction’ means a method of sale where goods or services are offered by the trader to consumers, who attend or are given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or services; ‘commercial guarantee’ means any undertaking by the trader or a producer (the guarantor) to the consumer, in addition to his legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee
F8 statement or in the relevant advertising available at the time of, or before the conclusion of the contract; (14a) ‘commercial guarantee of durability’ means a producer’s commercial guarantee of durability as referred to in Article 17 of Directive (EU) 2019/771, under which the producer is directly liable to the consumer during the entire period of the commercial guarantee of durability for repair or replacement of the goods in accordance with Article 14 of Directive (EU) 2019/771, whenever the goods do not maintain their durability; (14b) ‘durability’ means durability as defined in Article 2, point (13), of Directive (EU) 2019/771; (14c) ‘producer’ means producer as defined in Article 2, point (4), of Directive (EU) 2019/771; (14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on harmonised requirements established at Union level; (14e) ‘software update’ means a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771; ‘ancillary contract’ means a contract by which the consumer acquires goods or services related to a distance contract or an off-premises contract and where those goods are supplied or those services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader; ‘digital service’ means a digital service as defined in point (2) of Article 2 of Directive (EU) 2019/770; ‘online marketplace’ means a service using software, including a website, part of a website or an application, operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers; ‘provider of an online marketplace’ means any trader which provides an online marketplace to consumers; ‘compatibility’ means compatibility as defined in point (10) of Article 2 of Directive (EU) 2019/770;
F9 ‘functionality’ means functionality as defined in point (11) of Article 2 of Directive (EU) 2019/770; ‘interoperability’ means interoperability as defined in point (12) of Article 2 of Directive (EU) 2019/770.
F10 Article 3 Scope This Directive shall apply, under the conditions and to the extent set out in its provisions, to any contract concluded between a trader and a consumer where the consumer pays or undertakes to pay the price.
F11 It shall apply to contracts for the supply of water, gas, electricity or district heating, including by public providers, to the extent that these commodities are provided on a contractual basis.
F12 This Directive shall also apply where the trader supplies or undertakes to supply digital content which is not supplied on a tangible medium or a digital service to the consumer and the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer are exclusively processed by the trader for the purpose of supplying the digital content which is not supplied on a tangible medium or digital service in accordance with this Directive or for allowing the trader to comply with legal requirements to which the trader is subject, and the trader does not process those data for any other purpose.
F13 In the case of distance contracts concluded between a trader and a consumer for the supply of financial services, only Articles 1 and 2, Article 3(2), (5) and (6), Article 4, Article 6a, Article 8(6), Article 11a, Articles 16a to 16e, Article 19, Articles 21 to 23, Article 24(1) and (6), Articles 25 to 27 and Article 29 shall apply.
F14 With the exception of Article 21, where contracts referred to in the first subparagraph comprise an initial service agreement followed by successive operations, or a series of separate operations, of the same nature, performed over time, the provisions referred to in the first subparagraph shall apply only to the initial agreement.
F15 In the event that there is no initial service agreement but the successive operations, or separate operations, of the same nature performed over time are performed between the same contractual parties, Articles 16a and 16d shall apply only to the first operation.
F16 Where, however, no operation of the same nature is performed for more than one year, the next operation will be deemed to be the first in a new series of operations and, accordingly, Articles 16a and 16d shall apply.
F17 If any provision of this Directive conflicts with a provision of another Union act governing specific sectors, the provision of that other Union act shall prevail and shall apply to those specific sectors.
F18 This Directive shall not apply to contracts: for social services, including social housing, childcare and support of families and persons permanently or temporarily in need, including long-term care; for healthcare as defined in point (a) of Article 3 of Directive 2011/24/EU, whether or not they are provided via healthcare facilities; for gambling, which involves wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions; for financial services not covered by Article 3(1b); for the creation, acquisition or transfer of immovable property or of rights in immovable property; for the construction of new buildings, the substantial conversion of existing buildings and for rental of accommodation for residential purposes; ▼M1 on packages as defined in point 2 of Article 3 of Directive (EU) 2015/2302 of the European Parliament and of the Council ( Article 6(7), Article 8(2) and (6) and Articles 19, 21 and 22 of this Directive shall apply mutatis mutandis to packages as defined in point 2 of Article 3 of Directive (EU) 2015/2302 in relation to travellers as defined in point 6 of Article 3 of that Directive; which fall within the scope of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts ( which, in accordance with the laws of Member States, are established by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope; for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, and which are physically supplied by a trader on frequent and regular rounds to the consumer’s home, residence or
F19 workplace; for passenger transport services, with the exception of Article 8(2) and Articles 19, 21 and 22; concluded by means of automatic vending machines or automated commercial premises; concluded with telecommunications operators through public payphones for their use or concluded for the use of one single connection by telephone, Internet or fax established by a consumer; for any goods sold by way of execution or otherwise by authority of law.
F20 Member States may decide not to apply this Directive or not to maintain or introduce corresponding national provisions to off-premises contracts for which the payment to be made by the consumer does not exceed EUR 50.
F21 Member States may define a lower value in their national legislation.
F22 This Directive shall not affect national general contract law such as the rules on the validity, formation or effect of a contract, in so far as general contract law aspects are not regulated in this Directive.
F23 This Directive shall not prevent traders from offering consumers contractual arrangements which go beyond the protection provided for in this Directive.
F24 Article 4 Level of harmonisation Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protection, unless otherwise provided for in this Directive.
F25 CHAPTER II CONSUMER INFORMATION FOR CONTRACTS OTHER THAN DISTANCE OR OFF-PREMISES CONTRACTS Article 5 Information requirements for contracts other than distance or off-premises contracts Before the consumer is bound by a contract other than a distance or an off-premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner, if that information is not already apparent from the context: the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods or services; the identity of the trader, such as his trading name, the geographical address at which he is established and his telephone number; the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal charges or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; where applicable, the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the service, and the trader’s complaint handling policy; a reminder of the existence of the legal guarantee of conformity for goods and its main elements, including its minimum duration of two years as provided in Directive (EU) 2019/771, in a prominent manner, using the harmonised notice referred to in Article 22a of this Directive; (ea) where the producer offers the consumer a commercial guarantee of durability at no additional cost, covering the entire good and with a duration of more than two years and makes that information available to the trader, the information that that good benefits from such a guarantee, its duration and a reminder of the existence of the legal guarantee of
F26 conformity, in a prominent manner, using the harmonised label referred to in Article 22a; (eb) a reminder of the existence of the legal guarantee of conformity for digital content and digital services; (ec) where applicable, the existence and the conditions of after-sales services and commercial guarantees; (ed) for goods with digital elements, for digital content and for digital services, where the producer or provider makes the information available to the trader, the minimum period, whether expressed as a period of time or by reference to a date, during which the producer or the provider provides software updates; the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract; where applicable, the functionality, including applicable technical protection measures, of goods with digital elements, digital content and digital services; where applicable, any relevant compatibility and interoperability of goods with digital elements, digital content and digital services that the trader is aware of or can reasonably be expected to have been aware of; where applicable, the reparability score for the goods; where point (i) is not applicable and provided that the producer makes the information available to the trader, information about the availability and estimated cost of, and procedure for ordering, spare parts that are necessary to keep the goods in conformity, about the availability of repair and maintenance instructions and about repair restrictions.
F27 Member States shall not be required to apply paragraph 1 to contracts which involve day-to-day transactions and which are performed immediately at the time of their conclusion.
F28 Member States may adopt or maintain additional pre-contractual information requirements for contracts to which this Article applies.
F29 CHAPTER III CONSUMER INFORMATION AND RIGHT OF WITHDRAWAL FOR DISTANCE AND OFF-PREMISES CONTRACTS Article 6 Information requirements for distance and off-premises contracts Before the consumer is bound by a distance or off-premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner: the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods or services; the identity of the trader, such as his trading name; the geographical address at which the trader is established as well as the trader’s telephone number and email address; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficiently; where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting; if different from the address provided in accordance with point (c), the geographical address of the place of business of the trader, and, where applicable, that of the trader on whose behalf he is acting, where the consumer can address any complaints; the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable.
F30 In the case of a contract of indeterminate duration or a contract containing a subscription, the total price shall include the total costs per billing period.
F31 Where such contracts are charged at a fixed rate, the total price shall also mean the total monthly costs.
F32 Where the total costs cannot be reasonably calculated in advance, the manner in which the price is to be calculated shall be provided; (ea) where applicable, that the price was personalised on the basis of automated decision-making; the cost of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate; the arrangements for payment, delivery, including environmentally friendly delivery options where available, performance, the time by which the trader undertakes to deliver the goods or to perform the services and, where applicable, the trader’s complaint handling policy; where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right in accordance with Article 11(1), as well as the model withdrawal form set out in Annex I(B), and, where applicable, information about the existence and placement of the withdrawal function referred to in Article 11a; where applicable, that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods; that, if the consumer exercises the right of withdrawal after having made a request in accordance with Article 7(3) or Article 8(8), the consumer shall be liable to pay the trader reasonable costs in accordance with Article 14(3); where a right of withdrawal is not provided for in accordance with Article 16, the information that the consumer will not benefit from a right of withdrawal or, where applicable, the circumstances under which the consumer loses his right of withdrawal; a reminder of the existence of the legal guarantee of conformity for goods and its main elements, including its minimum duration of two years as provided in Directive (EU) 2019/771, in a prominent manner, using the harmonised notice referred to in Article 22a of this Directive; (la) where the
F33 producer offers the consumer a commercial guarantee of durability at no additional cost, covering the entire good and with a duration of more than two years, and makes that information available to the trader, the information that that good benefits from such a guarantee, its duration and a reminder of the existence of the legal guarantee of conformity, in a prominent manner, using the harmonised label referred to in Article 22a; (lb) a reminder of the existence of the legal guarantee of conformity for digital content and digital services; for goods with digital elements, for digital content and for digital services, where the producer or the provider makes the information available to the trader, the minimum period, whether expressed as a period of time or by reference to a date, during which the producer or the provider provides software updates; where applicable, the existence and the conditions of after sale customer assistance, after-sales services and commercial guarantees; the existence of relevant codes of conduct, as defined in point (f) of Article 2 of Directive 2005/29/EC, and how copies of them can be obtained, where applicable; the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract; where applicable, the minimum duration of the consumer’s obligations under the contract; where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader; where applicable, the functionality, including applicable technical protection measures, of goods with digital elements, digital content and digital services; where applicable, any relevant compatibility and interoperability of goods with digital elements, digital content and digital services that the trader is aware of or can reasonably be expected to have been aware of; where applicable, the possibility of
F34 having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it; where applicable, the reparability score for the goods; where point (u) is not applicable and provided that the producer makes the information available to the trader, information about the availability and estimated cost of, and procedure for ordering, spare parts that are necessary to keep the goods in conformity, about the availability of repair and maintenance instructions and about repair restrictions.
F35 Paragraph 1 shall also apply to contracts for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium.
F36 In the case of a public auction, the information referred to in points (b), (c) and (d) of paragraph 1 may be replaced by the equivalent details for the auctioneer.
F37 The information referred to in points (h), (i) and (j) of paragraph 1 of this Article may be provided by means of the model instructions on withdrawal set out in Annex I(A).
F38 The trader shall have fulfilled the information requirements laid down in points (h), (i) and (j) of paragraph 1 of this Article if the trader has supplied these instructions to the consumer, correctly filled in.
F39 The references to the withdrawal period of 14 days in the model instructions on withdrawal set out in Annex I(A) shall be replaced by references to a withdrawal period of 30 days in cases where Member States have adopted rules in accordance with Article 9(1a).
F40 The information referred to in paragraph 1 shall form an integral part of the distance or off-premises contract and shall not be altered unless the contracting parties expressly agree otherwise.
F41 If the trader has not complied with the information requirements on additional charges or other costs as referred to in point (e) of paragraph 1, or on the costs of returning the goods as referred to in point (i) of paragraph 1, the consumer shall not bear those charges or costs.
F42 Member States may maintain or introduce in their national law language requirements regarding the contractual information, so as to ensure that such information is easily understood by the consumer.
F43 The information requirements laid down in this Directive are in addition to information requirements contained in Directive 2006/123/EC and Directive 2000/31/EC and do not prevent Member States from imposing additional information requirements in accordance with those Directives.
F44 Without prejudice to the first subparagraph, if a provision of Directive 2006/123/EC or Directive 2000/31/EC on the content and the manner in which the information is to be provided conflicts with a provision of this Directive, the provision of this Directive shall prevail.
F45 As regards compliance with the information requirements laid down in this Chapter, the burden of proof shall be on the trader.
F46 Article 6a Additional specific information requirements for contracts concluded on online marketplaces Before a consumer is bound by a distance contract, or any corresponding offer, on an online marketplace, the provider of the online marketplace shall, without prejudice to Directive 2005/29/EC, provide the consumer with the following information in a clear and comprehensible manner and in a way appropriate to the means of distance communication: general information, made available in a specific section of the online interface that is directly and easily accessible from the page where the offers are presented, on the main parameters determining ranking, as defined in point (m) of Article 2(1) of Directive 2005/29/EC, of offers presented to the consumer as a result of the search query and the relative importance of those parameters as opposed to other parameters; whether the third party offering the goods, services or digital content is a trader or not, on the basis of the declaration of that third party to the provider of the online marketplace; where the third party offering the goods, services or digital content is not a trader, that the consumer rights stemming from Union consumer protection law do not apply to the contract; where applicable, how the obligations related to the contract are shared between the third party offering the goods, services or digital content and the provider of the online marketplace, such information being without prejudice to any responsibility that the provider of the online marketplace or the third-party trader has in relation to the contract under other Union or national law.
F47 Without prejudice to Directive 2000/31/EC, this Article does not prevent Member States from imposing additional information requirements for providers of online marketplaces.
F48 Such provisions shall be proportionate, non-discriminatory and justified on grounds of consumer protection.
F49 Article 7 Formal requirements for off-premises contracts With respect to off-premises contracts, the trader shall give the information provided for in Article 6(1) to the consumer on paper or, if the consumer agrees, on another durable medium.
F50 That information shall be legible and in plain, intelligible language.
F51 The trader shall provide the consumer with a copy of the signed contract or the confirmation of the contract on paper or, if the consumer agrees, on another durable medium, including, where applicable, the confirmation of the consumer’s prior express consent and acknowledgement in accordance with point (m) of Article 16.
F52 Where a consumer wants the performance of services, or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating to begin during the withdrawal period provided for in Article 9(2), and the contract places the consumer under an obligation to pay, the trader shall require that the consumer make such an express request on a durable medium and request the consumer to acknowledge that, once the contract has been fully performed by the trader, the consumer will no longer have the right of withdrawal.
F53 With respect to off-premises contracts where the consumer has explicitly requested the services of the trader for the purpose of carrying out repairs or maintenance for which the trader and the consumer immediately perform their contractual obligations and where the payment to be made by the consumer does not exceed EUR 200: the trader shall provide the consumer with the information referred to in points (b) and (c) of Article 6(1) and information about the price or the manner in which the price is to be calculated together with an estimate of the total price, on paper or, if the consumer agrees, on another durable medium.
F54 The trader shall provide the information referred to in points (a), (h) and (k) of Article 6(1), but may choose not to provide it on paper or another durable medium if the consumer expressly agrees; the confirmation of the contract provided in accordance with paragraph 2 of this Article shall contain the information provided for in Article 6(1).
F55 Member States may decide not to apply this paragraph.
F56 Member States shall not impose any further formal pre-contractual information requirements for the fulfilment of the information obligations laid down in this Directive.
F57 Article 8 Formal requirements for distance contracts With respect to distance contracts, the trader shall give the information provided for in Article 6(1) or make that information available to the consumer in a way appropriate to the means of distance communication used in plain and intelligible language.
F58 In so far as that information is provided on a durable medium, it shall be legible.
F59 ►M4 If a distance contract to be concluded by electronic means places the 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 order, of the information provided for in Article 6(1), points (a), (e), (la), (o) and (p).
F60 ◄ The trader shall ensure that the consumer, when placing his order, explicitly acknowledges that the order implies an obligation to pay.
F61 If placing an order entails activating a button or a similar function, the button or similar function shall be labelled in an easily legible manner only with the words ‘order with obligation to pay’ or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader.
F62 If the trader has not complied with this subparagraph, the consumer shall not be bound by the contract or order.
F63 Trading websites shall indicate clearly and legibly at the latest at the beginning of the ordering process whether any delivery restrictions apply and which means of payment are accepted.
F64 If the contract is concluded through a means of distance communication which allows limited space or time to display the information, the trader shall provide, on or through that particular means prior to the conclusion of such a contract, at least the pre-contractual information regarding the main characteristics of the goods or services, the identity of the trader, the total price, the right of withdrawal, the duration of the contract and, if the contract is of indeterminate duration, the conditions for terminating the contract, as referred to, respectively, in points (a), (b), (e), (h) and (o) of Article 6(1) except the model withdrawal form set out in Annex I(B) referred to in point (h).
F65 The other information referred to in Article 6(1), including the model withdrawal form, shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 of this Article.
F66 Without prejudice to paragraph 4, if the trader makes a telephone call to the consumer with a view to concluding a distance contract, he shall, at the beginning of the conversation with the consumer, disclose his identity and, where applicable, the identity of the person on whose behalf he makes that call, and the commercial purpose of the call.
F67 Where a distance contract is to be concluded by telephone, Member States may provide that the trader has to confirm the offer to the consumer who is bound only once he has signed the offer or has sent his written consent.
F68 Member States may also provide that such confirmations have to be made on a durable medium.
F69 The trader shall provide the consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the distance contract, and at the latest at the time of the delivery of the goods or before the performance of the service begins.
F70 That confirmation shall include: all the information referred to in Article 6(1) unless the trader has already provided that information to the consumer on a durable medium prior to the conclusion of the distance contract; and where applicable, the confirmation of the consumer’s prior express consent and acknowledgment in accordance with point (m) of Article 16.
F71 Where a consumer wants the performance of services, or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, to begin during the withdrawal period provided for in Article 9(2), and the contract places the consumer under an obligation to pay, the trader shall require that the consumer make an express request and request the consumer to acknowledge that, once the contract has been fully performed by the trader, the consumer will no longer have the right of withdrawal.
F72 This Article shall be without prejudice to the provisions on the conclusion of e-contracts and the placing of e-orders set out in Articles 9 and 11 of Directive 2000/31/EC.
F73 Article 9 Right of withdrawal Save where the exceptions provided for in Article 16 apply, the consumer shall have a period of 14 days to withdraw from a distance or off-premises contract, without giving any reason, and without incurring any costs other than those provided for in Article 13(2) and Article 14.
F74 Member States may adopt rules in accordance with which the withdrawal period of 14 days referred to in paragraph 1 is extended to 30 days for contracts concluded in the context of unsolicited visits by a trader to a consumer’s home or excursions organised by a trader with the aim or effect of promoting or selling products to consumers for the purpose of protecting legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices.
F75 Such rules shall be proportionate, non-discriminatory and justified on grounds of consumer protection.
F76 Without prejudice to Article 10, the withdrawal period referred to in paragraph 1 of this Article shall expire after 14 days or, in cases where Member States have adopted rules in accordance with paragraph 1a of this Article, 30 days from: in the case of service contracts, the day of the conclusion of the contract; in the case of sales contracts, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or: in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good; in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece; in the case of contracts for regular delivery of goods during defined period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good; in the case of contracts for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium, the day of the conclusion of the contract.
F77 The Member States shall not prohibit the contracting parties from performing their contractual obligations during the withdrawal period.
F78 Nevertheless, in the case of off-premises contracts, Member States may maintain existing national legislation prohibiting the trader from collecting the payment from the consumer during the given period after the conclusion of the contract.
F79 Article 10 Omission of information on the right of withdrawal If the trader has not provided the consumer with the information on the right of withdrawal as required by point (h) of Article 6(1), the withdrawal period shall expire 12 months from the end of the initial withdrawal period, as determined in accordance with Article 9(2).
F80 If the trader has provided the consumer with the information provided for in paragraph 1 of this Article within 12 months from the day referred to in Article 9(2), the withdrawal period shall expire 14 days or, in cases where Member States have adopted rules in accordance with Article 9(1a), 30 days after the day upon which the consumer receives that information.
F81 Article 11 Exercise of the right of withdrawal Before the expiry of the withdrawal period, the consumer shall inform the trader of his decision to withdraw from the contract.
F82 For this purpose, the consumer may either: use the model withdrawal form as set out in Annex I(B); or make any other unequivocal statement setting out his decision to withdraw from the contract.
F83 Member States shall not provide for any formal requirements applicable to the model withdrawal form other than those set out in Annex I(B).
F84 The consumer shall have exercised his right of withdrawal within the withdrawal period referred to in Article 9(2) and Article 10 if the communication concerning the exercise of the right of withdrawal is sent by the consumer before that period has expired.
F85 The trader may, in addition to the possibilities referred to in paragraph 1, give the option to the consumer to electronically fill in and submit either the model withdrawal form set out in Annex I(B) or any other unequivocal statement on the trader’s website.
F86 In those cases the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal on a durable medium without delay.
F87 The burden of proof of exercising the right of withdrawal in accordance with this Article shall be on the consumer.
F88 Article 11a Exercise of the right of withdrawal from distance contracts concluded by the means of an online interface For distance contracts concluded by the means of an online interface, the trader shall ensure that the consumer can also withdraw from the contract by using a withdrawal function.
F89 The withdrawal function shall be labelled with the words ‘withdraw from contract here’ or an unambiguous corresponding formulation in an easily legible way.
F90 The withdrawal function shall be continuously available throughout the withdrawal period.
F91 It shall be prominently displayed on the online interface and easily accessible to the consumer.
F92 The withdrawal function shall enable the consumer to send an online withdrawal statement informing the trader of his or her decision to withdraw from the contract.
F93 That online withdrawal statement shall enable the consumer to easily provide or confirm the following information: his or her name; details identifying the contract from which he or she wishes to withdraw; details of the electronic means by which the confirmation of the withdrawal will be sent to the consumer.
F94 Once the consumer has completed the online withdrawal statement in accordance with paragraph 2, the trader shall enable the consumer to submit it to him by means of a confirmation function.
F95 That confirmation function shall be labelled in an easily legible manner, and only with the words ‘confirm withdrawal’ or with an unambiguous corresponding formulation.
F96 Once the consumer activates the confirmation function, the trader shall send to the consumer an acknowledgement of receipt of the withdrawal on a durable medium, including its content and the date and time of its submission, without undue delay.
F97 The consumer shall be considered to have exercised his or her right of withdrawal within the relevant withdrawal period if he or she submitted the online withdrawal statement referred to in this Article before that period expired.
F98 Article 12 Effects of withdrawal The exercise of the right of withdrawal shall terminate the obligations of the parties: to perform the distance or off-premises contract; or to conclude the distance or off-premises contract, in cases where an offer was made by the consumer.
F99 Article 13 Obligations of the trader in the event of withdrawal The trader shall reimburse all payments received from the consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract in accordance with Article 11.
F100 The trader shall carry out the reimbursement referred to in the first subparagraph using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement.
F101 Notwithstanding paragraph 1, the trader shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader.
F102 Unless the trader has offered to collect the goods himself, with regard to sales contracts, the trader may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
F103 In respect of personal data of the consumer, the trader shall comply with the obligations applicable under Regulation (EU) 2016/679.
F104 The trader shall refrain from using any content, other than personal data, which was provided or created by the consumer when using the digital content or digital service supplied by the trader, except where such content: has no utility outside the context of the digital content or digital service supplied by the trader; only relates to the consumer’s activity when using the digital content or digital service supplied by the trader; has been aggregated with other data by the trader and cannot be disaggregated or only with disproportionate efforts; or has been generated jointly by the consumer and others, and other consumers are able to continue to make use of the content.
F105 Except in the situations referred to in point (a), (b) or (c) of paragraph 5, the trader shall, at the request of the consumer, make available to the consumer any content, other than personal data, which was provided or created by the consumer when using the digital content or digital service supplied by the trader.
F106 The consumer shall be entitled to retrieve that digital content free of charge, without hindrance from the trader, within a reasonable time and in a commonly used and machine-readable format.
F107 Article 14 Obligations of the consumer in the event of withdrawal Unless the trader has offered to collect the goods himself, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the trader in accordance with Article 11.
F108 The deadline shall be met if the consumer sends back the goods before the period of 14 days has expired.
F109 The consumer shall only bear the direct cost of returning the goods unless the trader has agreed to bear them or the trader failed to inform the consumer that the consumer has to bear them.
F110 In the case of off-premises contracts where the goods have been delivered to the consumer’s home at the time of the conclusion of the contract, the trader shall at his own expense collect the goods if, by their nature, those goods cannot normally be returned by post.
F111 The consumer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
F112 The consumer shall in any event not be liable for diminished value of the goods where the trader has failed to provide notice of the right of withdrawal in accordance with point (h) of Article 6(1).
F113 In the event of withdrawal from the contract, the consumer shall refrain from using the digital content or digital service and from making it available to third parties.
F114 Where a consumer exercises the right of withdrawal after having made a request in accordance with Article 7(3) or Article 8(8), the consumer shall pay to the trader an amount which is in proportion to what has been provided until the time the consumer has informed the trader of the exercise of the right of withdrawal, in comparison with the full coverage of the contract.
F115 The proportionate amount to be paid by the consumer to the trader shall be calculated on the basis of the total price agreed in the contract.
F116 If the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided.
F117 The consumer shall bear no cost for: the performance of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, in full or in part, during the withdrawal period, where: the trader has failed to provide information in accordance with points (h) or (j) of Article 6(1); or the consumer has not expressly requested performance to begin during the withdrawal period in accordance with Article 7(3) and Article 8(8); or the supply, in full or in part, of digital content which is not supplied on a tangible medium where: the consumer has not given prior express consent to the beginning of the performance before the end of the 14-day or 30-day period referred to in Article 9; the consumer has not acknowledged that he loses his right of withdrawal when giving his consent; or the trader has failed to provide confirmation in accordance with Article 7(2) or Article 8(7).
F118 Except as provided for in Article 13(2) and in this Article, the consumer shall not incur any liability as a consequence of the exercise of the right of withdrawal.
F119 Article 15 Effects of the exercise of the right of withdrawal on ancillary contracts Without prejudice to Article 15 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers ( ), if the consumer exercises his right of withdrawal from a distance or an off-premises contract in accordance with Articles 9 to 14 of this Directive, any ancillary contracts shall be automatically terminated, without any costs for the consumer, except as provided for in Article 13(2) and in Article 14 of this Directive.
F120 The Member States shall lay down detailed rules on the termination of such contracts.
F121 Article 16 Exceptions from the right of withdrawal Member States shall not provide for the right of withdrawal set out in Articles 9 to 15 in respect of distance and off-premises contracts as regards the following: service contracts after the service has been fully performed but, if the contract places the consumer under an obligation to pay, only if the performance has begun with the consumer’s prior express consent and acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader; the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period; the supply of goods made to the consumer’s specifications or clearly personalised; the supply of goods which are liable to deteriorate or expire rapidly; the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items; the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader; contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance.
F122 If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods; the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications; contracts concluded at a public auction; the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance; contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun and, if the contract places the consumer under an obligation to pay, where: the consumer has provided prior express consent to begin the performance during the right of withdrawal period; the consumer has provided acknowledgement that he thereby loses his right of withdrawal; and the trader has provided confirmation in accordance with Article 7(2) or Article 8(7).
F123 Member States may derogate from the exceptions from the right of withdrawal set out in points (a), (b), (c) and (e) of the first paragraph for contracts concluded in the context of unsolicited visits by a trader to a consumer’s home or excursions organised by a trader with the aim or effect of promoting or selling products to consumers for the purpose of protecting the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices.
F124 In the case of service contracts which place the consumer under an obligation to pay where the consumer has specifically requested a visit from the trader for the purpose of carrying out repairs, Member States may provide that the consumer loses the right of withdrawal after the service has been fully performed provided that the performance has begun with the consumer’s prior express consent.
F125 CHAPTER IIIa Rules concerning financial services contracts concluded at a distance Article 16a Information requirements for distance contracts for consumer financial services In good time before the consumer is bound by a distance contract, or any corresponding offer, the trader shall provide the consumer, in a clear and comprehensible manner, with the following information: the identity and the main business of the trader and, where applicable, the identity and the main business of the trader on whose behalf he is acting; the geographical address at which the trader is established as well as the trader’s telephone number and email address, or details of any other means of communication offered by the trader and, where applicable, those of the trader on whose behalf he is acting; all those means of communication offered by the trader shall enable the consumer to contact the trader quickly and to communicate with him efficiently and guarantee that the consumer can keep any written correspondence with the trader on a durable medium; relevant contact details enabling the consumer to address any complaints to the trader, and, where applicable, to the trader on whose behalf he or she is acting; where the trader is registered in a trade or similar public register, the register in which the trader is entered and the registration number or an equivalent means of identification in that register; where the trader’s activity is subject to an authorisation scheme, the name, address, website and any other contact information of the relevant supervisory authority; a description of the main characteristics of the financial service; the total price to be paid by the consumer to the trader for the financial service, including all related fees, charges and expenses, and all taxes paid via the trader or, when an exact price cannot be indicated, the basis for the calculation of the price enabling the consumer to verify it; where applicable, information on the consequences of late or
F126 missed payments; where applicable, that the price was personalised on the basis of automated decision-making; where applicable, a notice indicating that the financial service is related to instruments involving special risks related to their specific features or the operations to be executed or whose price depends on fluctuations in the financial markets outside the trader’s control and a notice indicating that historical performances are not indicators for future performances; notice of the possibility that other taxes and/or costs that are not paid via the trader or imposed by him might exist; any limitations of the period for which the information provided in accordance with this paragraph is valid; the arrangements for payment and for performance; any specific additional cost for the consumer of using the means of distance communication, if such additional cost is charged; where environmental or social factors are integrated into the investment strategy of the financial service, information on any environmental or social objectives targeted by the financial service; the existence or absence of a right of withdrawal and, where the right of withdrawal exists, information on the withdrawal period and the conditions for exercising that right including information on the amount which the consumer may be required to pay, as well as the consequences of non-exercise of that right; the minimum duration of the distance contract in the case of financial services to be performed permanently or recurrently; information on any rights the parties might have to terminate the contract early or unilaterally by virtue of the terms of the distance contract, including any penalties imposed under the contract in such cases; practical instructions and procedures for exercising the right of withdrawal in accordance with Article 16b(1), indicating, inter alia, the trader’s telephone number and email address or details of other means of communication relevant to the sending of the
F127 withdrawal statement and, for financial services contracts concluded by means of an online interface, information about the existence and placement of the withdrawal function referred to in Article 11a; any contractual clause on the law applicable to the distance contract and/or on the competent court; in which language, or languages, the contractual terms and conditions, and the prior information referred to in this Article, are supplied, and furthermore in which language, or languages, the trader, with the agreement of the consumer, undertakes to communicate during the duration of the distance contract; where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it; the existence of guarantee funds or other compensation arrangements, not covered by Directives 2014/49/EU ( ) and 97/9/EC of the European Parliament and of the Council ( Member States may maintain or introduce in their national law language requirements regarding the information referred to in paragraph 1, so as to ensure that such information is easily understood by the consumer.
F128 In the case of voice telephony communications, the identity of the trader and the commercial purpose of the call initiated by the trader shall be made explicitly clear at the beginning of any call with the consumer.
F129 When a call is being recorded, or might be recorded, the trader shall also notify the consumer that this is the case.
F130 By way of derogation from paragraph 1, in the case of voice telephony communications as referred to in paragraph 3, if the consumer explicitly agrees, the trader may provide only the information referred to in points (a), (f), (g), (k) and (p) of paragraph 1 before the consumer is bound by the distance contract.
F131 In such case, the trader shall inform the consumer of the nature and the availability of the other information referred to in paragraph 1.
F132 The trader shall provide that other information required by paragraph 1 on a durable medium immediately after the conclusion of the distance contract.
F133 In the event that the information referred to in paragraph 1 is provided less than one day before the consumer is bound by the distance contract, Member States shall require that the trader sends a reminder to the consumer of the possibility to withdraw from the distance contract and of the procedure to follow for withdrawing, in accordance with Article 16b.
F134 That reminder shall be provided to the consumer, on a durable medium, between one and seven days after the conclusion of the distance contract.
F135 The information referred to in paragraph 1 shall be provided to the consumer on a durable medium and be easy to read.
F136 The information referred to in paragraph 1 shall be provided upon request in an appropriate and accessible format to consumers with disabilities, including those with a visual impairment.
F137 Except for the information referred to in paragraph 1, points (a), (f), (g), (k), and (p), the trader shall be permitted to layer the information where it is provided by electronic means.
F138 Where information is layered, it shall be possible to view, save and print the information referred to in paragraph 1 as one single document.
F139 In such cases, the trader shall ensure that the consumer is presented with all the pre-contractual information referred to in paragraph 1 before the conclusion of the distance contract.
F140 As regards compliance with the information requirements laid down in this Article, the burden of proof shall be on the trader.
F141 Member States may adopt or maintain more stringent provisions on pre-contractual information requirements than those referred to in this Article, when the provisions are in conformity with Union law.
F142 Where another Union act governing specific financial services contains rules on the information to be provided to the consumer prior to the conclusion of the contract, only the rules of that Union act shall apply to those specific financial services, irrespective of the level of detail of those rules, unless otherwise provided in that Union act.
F143 Where that other Union act does not contain rules on information about the right of withdrawal, the trader shall inform the consumer about the existence or absence of such a right in accordance with paragraph 1, point (p).
F144 Article 16b Right of withdrawal from distance contracts for financial services Member States shall ensure that the consumer has a period of 14 calendar days to withdraw from a contract without penalty and without giving any reason.
F145 That period shall be extended to 30 calendar days in distance contracts relating to personal pension operations.
F146 The withdrawal period referred to in the first subparagraph shall begin either: from the day of the conclusion of the distance contract; or from the day on which the consumer receives the contractual terms and conditions and the information in accordance with Article 16a, if that is later than the date in point (a) of this subparagraph.
F147 If the consumer has not received the contractual terms and conditions and the information in accordance with Article 16a, the withdrawal period shall in any event expire 12 months and 14 days after the conclusion of the distance contract.
F148 This shall not apply if the consumer has not been informed about his or her right of withdrawal in accordance with Article 16a(1), point (p).
F149 The right of withdrawal shall not apply to the following: consumer financial services whose price depends on fluctuations in the financial market outside the trader’s control, which might occur during the withdrawal period, such as services related to: foreign exchange, money market instruments, transferable securities, units in collective investment undertakings, financial-futures contracts, including equivalent cash-settled instruments, forward interest-rate agreements (FRAs), interest-rate, currency and equity swaps, options to acquire or dispose of any instruments referred to in this point, including equivalent cash-settled instruments.
F150 This category includes in particular options on currency and on interest rates; travel and baggage insurance policies or similar short-term insurance policies of less than one month’s duration; contracts the performance of which has been fully completed by both parties at the consumer’s express request before the consumer exercises his or her right of withdrawal.
F151 The consumer shall be considered to have exercised his or her right of withdrawal within the withdrawal period referred to in paragraph 1 if he or she has sent the communication concerning the exercise of the right of withdrawal before that period expired.
F152 Where an ancillary service relating to the distance contract for financial service is provided by the trader or by a third party on the basis of an agreement between that third party and the trader, the consumer shall not be bound by the ancillary contract if the consumer exercises his or her right of withdrawal in accordance with this Article.
F153 Where the consumer chooses to terminate the ancillary contract, it shall be without any costs for the consumer.
F154 This Article shall be without prejudice to any rule of national law establishing a period of time during which the performance of the contract may not begin.
F155 Where another Union act governing specific financial services contains rules on the right of withdrawal, only rules of that Union act on the right of withdrawal shall apply to those specific financial services, unless otherwise provided in that other Union act.
F156 Where that other Union act gives Member States the right to choose between the right of withdrawal and an alternative, such as a reflection period, only the corresponding rules of that Union act shall apply to those specific financial services, unless otherwise provided in that other Union act.
F157 By way of derogation from this Article, Member States may choose to instead apply the following provisions to the following financial services with regard to the right of withdrawal or a reflection period: Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council ( ) to credit agreements exempted from the scope of that Directive by Article 3(2) thereof; and Articles 26 and 27 of Directive (EU) 2023/2225 of the European Parliament and of the Council ( ) to credit agreements exempted from the scope of that Directive by Article 2(2) thereof.
F158 Article 16c Payment of the service provided before withdrawal Where the consumer exercises the right of withdrawal under Article 16b, the consumer may only be required to pay for the service actually provided by the trader in accordance with the distance contract.
F159 The consumer shall pay for that service without undue delay.
F160 The amount payable shall not: exceed an amount which is in proportion to the extent of the service already provided in comparison with the full coverage of the distance contract; in any case be such that it could be construed as a penalty.
F161 Member States may provide that consumers cannot be required to pay any amount for withdrawing from an insurance contract.
F162 The trader may not require the consumer to pay any amount on the basis of paragraph 1 of this Article unless the trader can prove that the consumer was duly informed about the amount payable, in accordance with Article 16a(1), point (p).
F163 However, the trader may not require such payment if the trader commenced the performance of the contract before the expiry of the withdrawal period provided for in Article 16b(1) without the consumer’s prior request.
F164 The trader shall, without any undue delay and no later than within 30 calendar days of the date on which the trader receives the notification of withdrawal, return to the consumer any sums the trader has received from him or her in accordance with the distance contract, except for the amount referred to in paragraph 1.
F165 The consumer shall return to the trader any sums he or she has received from the trader without any undue delay and no later than within 30 calendar days of the date on which the consumer withdraws from the contract.
F166 Article 16d Adequate explanations Member States shall ensure that traders are required to provide adequate explanations to the consumer concerning the proposed financial services contracts that make it possible for the consumer to assess whether the proposed contract and ancillary services are adapted to his or her needs and financial situation.
F167 Such explanations shall be provided to the consumer free of charge and prior to the conclusion of the contract.
F168 The explanations shall include the following elements: the required pre-contractual information; the essential characteristics of the proposed contract, including possible ancillary services; the specific effects that the proposed contract may have on the consumer, including, where applicable, the consequences of payment default or late payment by the consumer.
F169 Member States may specify the manner in which, as well as the extent to which, the explanations referred to in paragraph 1 are given.
F170 Member States may adapt the manner and the extent to the circumstances of the situation in which the financial service is offered, the person to whom it is offered and the nature of the financial service offered.
F171 Member States shall ensure that, in the event that the trader uses online tools, the consumer shall have a right to request and to obtain human intervention at the pre-contractual stage, and in justified cases after the distance contract has been concluded, in the same language as that used for the pre-contractual information provided in accordance with Article 16a(1).
F172 As regards compliance with the adequate explanation requirements laid down in this Article, the burden of proof shall be on the trader.
F173 Where another Union act governing specific financial services contains rules on the adequate explanations to be provided to the consumer, only rules on the adequate explanations of that Union act shall apply to those specific financial services, unless otherwise provided in that Union act.
F174 Article 16e Additional protection regarding online interfaces Without prejudice to Directive 2005/29/EC and Regulation (EU) 2016/679, Member States shall ensure that traders, when concluding financial services contracts at a distance, do not design, organise or operate their online interfaces, as defined in Article 3(m) of Regulation (EU) 2022/2065 of the European Parliament and of the Council ( ), in a way that deceives or manipulates consumers who are recipients of their service or otherwise materially distorts or impairs their ability to make free and informed decisions.
F175 In particular, Member States shall adopt measures that, in accordance with Union law, address at least one of the following practices by traders: giving more prominence to certain choices when asking the consumers who are recipients of their service for a decision; repeatedly requesting that consumers who are recipients of the service make a choice where that choice has already been made, especially by presenting pop-ups that interfere with the user experience; or making the procedure for terminating a service more difficult than subscribing to it.
F176 Member States may adopt or maintain more stringent provisions regarding the requirements for traders set out in paragraph 1, when the provisions are in conformity with Union law.
F177 CHAPTER IV OTHER CONSUMER RIGHTS Article 17 Scope Articles 18 and 20 shall apply to sales contracts.
F178 Those Articles shall not apply to contracts for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or the supply of digital content which is not supplied on a tangible medium.
F179 Articles 19, 21 and 22 shall apply to sales and service contracts and to contracts for the supply of water, gas, electricity, district heating or digital content.
F180 Article 18 Delivery Unless the parties have agreed otherwise on the time of delivery, the trader shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay, but not later than 30 days from the conclusion of the contract.
F181 Where the trader has failed to fulfil his obligation to deliver the goods at the time agreed upon with the consumer or within the time limit set out in paragraph 1, the consumer shall call upon him to make the delivery within an additional period of time appropriate to the circumstances.
F182 If the trader fails to deliver the goods within that additional period of time, the consumer shall be entitled to terminate the contract.
F183 The first subparagraph shall not be applicable to sales contracts where the trader has refused to deliver the goods or where delivery within the agreed delivery period is essential taking into account all the circumstances attending the conclusion of the contract or where the consumer informs the trader, prior to the conclusion of the contract, that delivery by or on a specified date is essential.
F184 In those cases, if the trader fails to deliver the goods at the time agreed upon with the consumer or within the time limit set out in paragraph 1, the consumer shall be entitled to terminate the contract immediately.
F185 Upon termination of the contract, the trader shall, without undue delay, reimburse all sums paid under the contract.
F186 In addition to the termination of the contract in accordance with paragraph 2, the consumer may have recourse to other remedies provided for by national law.
F187 Article 19 Fees for the use of means of payment Member States shall prohibit traders from charging consumers, in respect of the use of a given means of payment, fees that exceed the cost borne by the trader for the use of such means.
F188 Article 20 Passing of risk In contracts where the trader dispatches the goods to the consumer, the risk of loss of or damage to the goods shall pass to the consumer when he or a third party indicated by the consumer and other than the carrier has acquired the physical possession of the goods.
F189 However, the risk shall pass to the consumer upon delivery to the carrier if the carrier was commissioned by the consumer to carry the goods and that choice was not offered by the trader, without prejudice to the rights of the consumer against the carrier.
F190 Article 21 Communication by telephone Member States shall ensure that where the trader operates a telephone line for the purpose of contacting him by telephone in relation to the contract concluded, the consumer, when contacting the trader is not bound to pay more than the basic rate.
F191 The first subparagraph shall be without prejudice to the right of telecommunication services providers to charge for such calls.
F192 Article 22 Additional payments Before the consumer is bound by the contract or offer, the trader shall seek the express consent of the consumer to any extra payment in addition to the remuneration agreed upon for the trader’s main contractual obligation.
F193 If the trader has not obtained the consumer’s express consent but has inferred it by using default options which the consumer is required to reject in order to avoid the additional payment, the consumer shall be entitled to reimbursement of this payment.
F194 CHAPTER V GENERAL PROVISIONS Article 22a Harmonised notice and harmonised label In order to ensure that consumers are well informed and can easily understand their rights throughout the Union, a harmonised notice shall be used for the provision of information pursuant to Article 5(1), point (e), and Article 6(1), point (l), and a harmonised label shall be used for the provision of information pursuant to Article 5(1), point (ea), and Article 6(1), point (la).
F195 By 27 September 2025 the Commission shall, by means of implementing acts, specify the design and content of the harmonised notice referred to in paragraph 1.
F196 The harmonised notice shall contain the main elements of the legal guarantee of conformity, including its minimum duration of two years as provided in Directive (EU) 2019/771 and a general reference to the possibility that the duration of the legal guarantee of conformity is longer under national law.
F197 By 27 September 2025 the Commission shall, by means of implementing acts, specify the design and content of the harmonised label referred to in paragraph 1.
F198 The harmonised notice and the harmonised label shall be easily recognisable and understandable for consumers and easy to use and reproduce for traders.
F199 Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27a.
F200 The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are applied: public bodies or their representatives; consumer organisations having a legitimate interest in protecting consumers; professional organisations having a legitimate interest in acting.
F201 Article 24 Penalties Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented.
F202 The penalties provided for shall be effective, proportionate and dissuasive.
F203 Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate: the nature, gravity, scale and duration of the infringement; any action taken by the trader to mitigate or remedy the damage suffered by consumers; any previous infringements by the trader; the financial benefits gained or losses avoided by the trader due to the infringement, if the relevant data are available; penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council ( any other aggravating or mitigating factors applicable to the circumstances of the case.
F204 Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394, they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4 % of the trader’s annual turnover in the Member State or Member States concerned.
F205 For cases where a fine is to be imposed in accordance with paragraph 3, but information on the trader’s annual turnover is not available, Member States shall introduce the possibility to impose fines, the maximum amount of which shall be at least EUR 2 million.
F206 Member States shall, by 28 November 2021, notify the Commission of the rules and measures referred to in paragraph 1 and shall notify it, without delay, of any subsequent amendment affecting them.
F207 With regard to infringements of the measures adopted pursuant to the provisions referred to in Article 3(1b) applicable to distance contracts for consumer financial services, Member States shall ensure that, when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394, they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both.
F208 Article 25 Imperative nature of the Directive If the law applicable to the contract is the law of a Member State, consumers may not waive the rights conferred on them by the national measures transposing this Directive.
F209 Any contractual terms which directly or indirectly waive or restrict the rights resulting from this Directive shall not be binding on the consumer.
F210 Article 26 Information Member States shall take appropriate measures to inform consumers and traders of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners as defined in point (g) of Article 2 of Directive 2005/29/EC, to inform consumers of their codes of conduct.
F211 Article 27 Inertia selling The consumer shall be exempted from the obligation to provide any consideration in cases of unsolicited supply of goods, water, gas, electricity, district heating or digital content or unsolicited provision of services, prohibited by Article 5(5) and point 29 of Annex I to Directive 2005/29/EC.
F212 In such cases, the absence of a response from the consumer following such an unsolicited supply or provision shall not constitute consent.
F213 Article 27a Committee procedure The Commission shall be assisted by a committee.
F214 That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
F215 Article 28 Transposition Member States shall adopt and publish, by 13 December 2013, the laws, regulations and administrative provisions necessary to comply with this Directive.
F216 They shall forthwith communicate to the Commission the text of these measures in the form of documents.
F217 The Commission shall make use of these documents for the purposes of the report referred to in Article 30.
F218 When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication.
F219 Member States shall determine how such reference is to be made.
F220 The provisions of this Directive shall apply to contracts concluded after 13 June 2014.
F221 Article 29 Reporting requirements Where a Member State makes use of any of the regulatory choices referred to in Article 3(4), Article 6(7), Article 6(8), Article 7(4), Article 8(6), Article 9(1a) and (3), Article 16, second and third paragraphs, Article 16a(2) and (9), Article 16b(7) and Article 16e, it shall inform the Commission thereof by 19 December 2025, as well as of any subsequent changes.
F222 The Commission shall ensure that the information referred to in paragraph 1 is easily accessible to consumers and traders, inter alia, on a dedicated website.
F223 The Commission shall forward the information referred to in paragraph 1 to the other Member States and the European Parliament.
F224 Article 30 Reporting by the Commission and review By 13 December 2016, the Commission shall submit a report on the application of this Directive to the European Parliament and the Council.
F225 That report shall include in particular an evaluation of the provisions of this Directive regarding digital content including the right of withdrawal.
F226 The report shall be accompanied, where necessary, by legislative proposals to adapt this Directive to developments in the field of consumer rights.
F227 CHAPTER VI FINAL PROVISIONS Article 31 Repeals Directive 85/577/EEC and Directive 97/7/EC, as amended by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services ( ) and by Directives 2005/29/EC and 2007/64/EC, are repealed as of 13 June 2014.
F228 References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex II.
F229 Article 32 Amendment to Directive 93/13/EEC In Directive 93/13/EEC, the following Article is inserted: ‘Article 8a Where a Member State adopts provisions in accordance with Article 8, it shall inform the Commission thereof, as well as of any subsequent changes, in particular where those provisions: extend the unfairness assessment to individually negotiated contractual terms or to the adequacy of the price or remuneration; or, contain lists of contractual terms which shall be considered as unfair, The Commission shall ensure that the information referred to in paragraph 1 is easily accessible to consumers and traders, inter alia, on a dedicated website.
F230 Article 33 Amendment to Directive 1999/44/EC In Directive 1999/44/EC, the following Article is inserted: ‘Article 8a Reporting requirements Where, in accordance with Article 8(2), a Member State adopts more stringent consumer protection provisions than those provided for in Article 5(1) to (3) and in Article 7(1), it shall inform the Commission thereof, as well as of any subsequent changes.
F231 Article 34 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
F232 ANNEX I Information concerning the exercise of the right of withdrawal A. Model instructions on withdrawal Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason.
F233 The withdrawal period will expire after 14 days from the day To exercise the right of withdrawal, you must inform us [2] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email).
F234 You may use the attached model withdrawal form, but it is not obligatory.[3] To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
F235 Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
F236 We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
F237 Instructions for completion: Insert one of the following texts between inverted commas: in the case of a service contract or a contract for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium: ‘of the conclusion of the contract.’; in the case of a sales contract: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.’; in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.’; in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.’; in the case of a contract for regular delivery of goods during a defined period of time: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.’.
F238 Insert your name, geographical address, telephone number and email address.
F239 If you are under obligation to provide a function to allow the consumer to withdraw from the contract concluded online, insert the following: ‘You can also exercise your right of withdrawal online at [insert internet address or another appropriate explanation of where the withdrawal function is available].
F240 If you use this online feature, we will send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email), including its content and the date and time of its submission, without undue delay.’
F241 If you give the option to the consumer to electronically fill in and submit information about his or her withdrawal from the contract on your website, insert the following: ‘You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website [insert internet address].
F242 If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email) without delay.’
F243 In the case of sales contracts in which you have not offered to collect the goods in the event of withdrawal insert the following: ‘We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.’
F244 If the consumer has received goods in connection with the contract: insert: ‘We will collect the goods.’; or, ‘You shall send back the goods or hand them over to us or …
F245 [insert the name and geographical address, where applicable, of the person authorised by you to receive the goods], without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.
F246 The deadline is met if you send back the goods before the period of 14 days has expired.’ insert: ‘We will bear the cost of returning the goods.’, ‘You will have to bear the direct cost of returning the goods.’, If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: ‘You will have to bear the direct cost of returning the goods, …
F247 EUR [insert the amount].’; or if the cost of returning the goods cannot reasonably be calculated in advance: ‘You will have to bear the direct cost of returning the goods.
F248 The cost is estimated at a maximum of approximately …
F249 EUR [insert the amount].’; or If, in an off-premises contract, the goods, by their nature, cannot normally be returned by post and have been delivered to the consumer’s home at the time of the conclusion of the contract: ‘We will collect the goods at our own expense.’; and, insert ‘You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.’
F250 In the case of a contract for the provision of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, insert the following: ‘If you requested to begin the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.’.
F251 B. Model withdrawal form (complete and return this form only if you wish to withdraw from the contract) ►M2 To [here the trader’s name, geographical address and email address are to be inserted by the trader]: ◄ I/We ( *1 ) hereby give notice that I/We (*1) withdraw from my/our (*1) contract of sale of the following goods (*1) /for the provision of the following service (*1) , Ordered on (*1) /received on (*1) , Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date
F252 Source: Directive (EU) 2019/770 on contracts for the supply of digital content and digital services (CELEX 32019L0770, https://eur-lex.europa.eu/eli/dir/2019/770/oj).
F253 22.5.2019 EN Official Journal of the European Union L 136/1 DIRECTIVE (EU) 2019/770 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, HAVE ADOPTED THIS DIRECTIVE: Article 1 Subject matter and purpose The purpose of this Directive is to contribute to the proper functioning of the internal market while providing for a high level of consumer protection, by laying down common rules on certain requirements concerning contracts between traders and consumers for the supply of digital content or digital services, in particular, rules on: the conformity of digital content or a digital service with the contract, remedies in the event of a lack of such conformity or a failure to supply, and the modalities for the exercise of those remedies, and the modification of digital content or a digital service.
F254 Article 2 Definitions For the purposes of this Directive, the following definitions apply: ‘digital content’ means data which are produced and supplied in digital form; ‘digital service’ means: a service that allows the consumer to create, process, store or access data in digital form; or a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service; ‘goods with digital elements’ means any tangible movable items that incorporate, or are inter-connected with, digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions; ‘integration’ means the linking and incorporation of digital content or a digital service with the components of the consumer's digital environment in order for the digital content or digital service to be used in accordance with the requirements for conformity provided for by this Directive; ‘trader’ means any natural or legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person's name or on that person's behalf, for purposes relating to that person's trade, business, craft, or profession, in relation to contracts covered by this Directive; ‘consumer’ means any natural person who, in relation to contracts covered by this Directive, is acting for purposes which are outside that person's trade, business, craft, or profession; ‘price’ means money or a digital representation of value that is due in exchange for the supply of digital content or a digital service; ‘personal data’ means personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679; ‘digital environment’ means hardware, software and any network connection used by the consumer to access or make use of digital content or a digital service; ‘compatibility’ means the ability of the
F255 digital content or digital service to function with hardware or software with which digital content or digital services of the same type are normally used, without the need to convert the digital content or digital service; ‘functionality’ means the ability of the digital content or digital service to perform its functions having regard to its purpose; ‘interoperability’ means the ability of the digital content or digital service to function with hardware or software different from those with which digital content or digital services of the same type are normally used; ‘durable medium’ means any instrument which enables the consumer or the trader to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
F256 Article 3 Scope 1.
F257 This Directive shall apply to any contract where the trader supplies or undertakes to supply digital content or a digital service to the consumer and the consumer pays or undertakes to pay a price.
F258 This Directive shall also apply where the trader supplies or undertakes to supply digital content or a digital service to the consumer, and the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer are exclusively processed by the trader for the purpose of supplying the digital content or digital service in accordance with this Directive or for allowing the trader to comply with legal requirements to which the trader is subject, and the trader does not process those data for any other purpose.
F259 2. This Directive shall also apply where the digital content or digital service is developed in accordance with the consumer's specifications.
F260 3. With the exception of Articles 5 and 13, this Directive shall also apply to any tangible medium which serves exclusively as a carrier of digital content.
F261 4. This Directive shall not apply to digital content or digital services which are incorporated in or inter-connected with goods within the meaning of point (3) of Article 2, and which are provided with the goods under a sales contract concerning those goods, irrespective of whether such digital content or digital service is supplied by the seller or by a third party.
F262 5. This Directive shall not apply to contracts regarding: the provision of services other than digital services, regardless of whether digital forms or means are used by the trader to produce the output of the service or to deliver or transmit it to the consumer; electronic communications services as defined in point (4) of Article 2 of Directive (EU) 2018/1972, with the exception of number-independent interpersonal communications services as defined in point (7) of Article 2 of that Directive; healthcare as defined in point (a) of Article 3 of Directive 2011/24/EU; gambling services, namely, services that involve wagering a stake with pecuniary value in games of chance, including those with an element of skill, such as lotteries, casino games, poker games and betting transactions, by electronic means or any other technology for facilitating communication and at the individual request of a recipient of such services; financial services as defined in point (b) of Article 2 of Directive 2002/65/EC; software offered by the trader under a free and open-source licence, where the consumer does not pay a price and the personal data provided by the consumer are exclusively processed by the trader for the purpose of improving the security, compatibility or interoperability of that specific software; the supply of digital content where the digital content is made available to the general public other than by signal transmission as a part of a performance or event, such as digital cinematographic projections; digital content provided in accordance with Directive 2003/98/EC of the European Parliament and of the Council (21) by public sector bodies of the Member States.
F263 6. Without prejudice to paragraph 4 of this Article, where a single contract between the same trader and the same consumer includes in a bundle elements of supply of digital content or a digital service and elements of the provision of other services or goods, this Directive shall only apply to the elements of the contract concerning the digital content or digital service.
F264 Article 19 of this Directive shall not apply where a bundle within the meaning of Directive (EU) 2018/1972 includes elements of an internet access service as defined in point (2) of Article 2 of Regulation (EU) 2015/2120 of the European Parliament and of the Council (22) or a number-based interpersonal communications service as defined in point (6) of Article 2 of Directive (EU) 2018/1972.
F265 Without prejudice to Article 107(2) of Directive (EU) 2018/1972, the effects that the termination of one element of a bundle contract may have on the other elements of the bundle contract shall be governed by national law.
F266 7. If any provision of this Directive conflicts with a provision of another Union act governing a specific sector or subject matter, the provision of that other Union act shall take precedence over this Directive.
F267 8. Union law on the protection of personal data shall apply to any personal data processed in connection with contracts referred to in paragraph
F268 1. In particular, this Directive shall be without prejudice to Regulation (EU) 2016/679 and Directive 2002/58/EC.
F269 In the event of conflict between the provisions of this Directive and Union law on the protection of personal data, the latter prevails.
F270 9. This Directive shall be without prejudice to Union and national law on copyright and related rights, including Directive 2001/29/EC of the European Parliament and of the Council (23).
F271 10. This Directive shall not affect the freedom of Member States to regulate aspects of general contract law, such as rules on the formation, validity, nullity or effects of contracts, including the consequences of the termination of a contract in so far as they are not regulated in this Directive, or the right to damages.
F272 The trader shall supply the digital content or digital service to the consumer.
F273 Unless the parties have agreed otherwise, the trader shall supply the digital content or digital service without undue delay after the conclusion of the contract.
F274 2. The trader shall have complied with the obligation to supply when: the digital content or any means suitable for accessing or downloading the digital content is made available or accessible to the consumer, or to a physical or virtual facility chosen by the consumer for that purpose; the digital service is made accessible to the consumer or to a physical or virtual facility chosen by the consumer for that purpose.
F275 Article 6 Conformity of the digital content or digital service The trader shall supply to the consumer digital content or a digital service that meets the requirements set out in Articles 7, 8 and 9, where applicable, without prejudice to Article 10.
F276 In addition to complying with any subjective requirement for conformity, the digital content or digital service shall: be fit for the purposes for which digital content or digital services of the same type would normally be used, taking into account, where applicable, any existing Union and national law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct; be of the quantity and possess the qualities and performance features, including in relation to functionality, compatibility, accessibility, continuity and security, normal for digital content or digital services of the same type and which the consumer may reasonably expect, given the nature of the digital content or digital service and taking into account any public statement made by or on behalf of the trader, or other persons in previous links of the chain of transactions, particularly in advertising or on labelling unless the trader shows that: the trader was not, and could not reasonably have been, aware of the public statement in question; by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or the decision to acquire the digital content or digital service could not have been influenced by the public statement; where applicable, be supplied along with any accessories and instructions which the consumer may reasonably expect to receive; and comply with any trial version or preview of the digital content or digital service, made available by the trader before the conclusion of the contract.
F277 2. The trader shall ensure that the consumer is informed of and supplied with updates, including security updates, that are necessary to keep the digital content or digital service in conformity, for the period of time: during which the digital content or digital service is to be supplied under the contract, where the contract provides for a continuous supply over a period of time; or that the consumer may reasonably expect, given the type and purpose of the digital content or digital service and taking into account the circumstances and nature of the contract, where the contract provides for a single act of supply or a series of individual acts of supply.
F278 3. Where the consumer fails to install, within a reasonable time, updates supplied by the trader in accordance with paragraph 2, the trader shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that: the trader informed the consumer about the availability of the update and the consequences of the failure of the consumer to install it; and the failure of the consumer to install or the incorrect installation by the consumer of the update was not due to shortcomings in the installation instructions provided by the trader.
F279 4. Where the contract provides for a continuous supply of digital content or digital service over a period of time, the digital content or digital service shall be in conformity throughout the duration of that period.
F280 5. There shall be no lack of conformity within the meaning of paragraph 1 or 2 if, at the time of the conclusion of the contract, the consumer was specifically informed that a particular characteristic of the digital content or digital service was deviating from the objective requirements for conformity laid down in paragraph 1 or 2 and the consumer expressly and separately accepted that deviation when concluding the contract.
F281 6. Unless the parties have agreed otherwise, digital content or a digital service shall be supplied in the most recent version available at the time of the conclusion of the contract.
F282 Article 9 Incorrect integration of the digital content or digital service Any lack of conformity resulting from the incorrect integration of the digital content or digital service into the consumer's digital environment shall be regarded as lack of conformity of the digital content or digital service if: the digital content or digital service was integrated by the trader or under the trader's responsibility; or the digital content or digital service was intended to be integrated by the consumer and the incorrect integration was due to shortcomings in the integration instructions provided by the trader.
F283 Article 10 Third-party rights Where a restriction resulting from a violation of any right of a third party, in particular intellectual property rights, prevents or limits the use of the digital content or digital service in accordance with Articles 7 and 8, Member States shall ensure that the consumer is entitled to the remedies for lack of conformity provided for in Article 14, unless national law provides for the nullity or rescission of the contract for the supply of the digital content or digital service in such cases.
F284 Article 11 Liability of the trader 1.
F285 The trader shall be liable for any failure to supply the digital content or digital service in accordance with Article 5.
F286 2. Where a contract provides for a single act of supply or a series of individual acts of supply, the trader shall be liable for any lack of conformity under Articles 7, 8 and 9 which exists at the time of supply, without prejudice to point (b) of Article 8(2).
F287 If, under national law, the trader is only liable for a lack of conformity that becomes apparent within a period of time after supply, that period shall not be less than two years from the time of supply, without prejudice to point (b) of Article 8(2).
F288 If, under national law, the rights laid down in Article 14 are also subject or only subject to a limitation period, Member States shall ensure that such limitation period allows the consumer to exercise the remedies laid down in Article 14 for any lack of conformity that exists at the time indicated in the first subparagraph and becomes apparent within the period of time indicated in the second subparagraph.
F289 3. Where the contract provides for continuous supply over a period of time, the trader shall be liable for a lack of conformity under Articles 7, 8 and 9, that occurs or becomes apparent within the period of time during which the digital content or digital service is to be supplied under the contract.
F290 If, under national law, the rights laid down in Article 14 are also subject or only subject to a limitation period, Member States shall ensure that such limitation period allows the consumer to exercise the remedies laid down in Article 14 for any lack of conformity that occurs or becomes apparent during the period of time referred to in the first subparagraph.
F291 Article 12 Burden of proof 1.
F292 The burden of proof with regard to whether the digital content or digital service was supplied in accordance with Article 5 shall be on the trader.
F293 2. In cases referred to in Article 11(2), the burden of proof with regard to whether the supplied digital content or digital service was in conformity at the time of supply shall be on the trader for a lack of conformity which becomes apparent within a period of one year from the time when the digital content or digital service was supplied.
F294 3. In cases referred to in Article 11(3), the burden of proof with regard to whether the digital content or digital service was in conformity within the period of time during which the digital content or digital service is to be supplied under the contract shall be on the trader for a lack of conformity which becomes apparent within that period.
F295 4. Paragraphs 2 and 3 shall not apply where the trader demonstrates that the digital environment of the consumer is not compatible with the technical requirements of the digital content or digital service and where the trader informed the consumer of such requirements in a clear and comprehensible manner before the conclusion of the contract.
F296 5. The consumer shall cooperate with the trader, to the extent reasonably possible and necessary, to ascertain whether the cause of the lack of conformity of the digital content or digital service at the time specified in Article 11(2) or (3), as applicable, lay in the consumer's digital environment.
F297 The obligation to cooperate shall be limited to the technically available means which are least intrusive for the consumer.
F298 Where the consumer fails to cooperate, and where the trader informed the consumer of such requirement in a clear and comprehensible manner before the conclusion of the contract, the burden of proof with regard to whether the lack of conformity existed at the time specified in Article 11(2) or (3), as applicable, shall be on the consumer.
F299 Article 13 Remedy for the failure to supply 1.
F300 Where the trader has failed to supply the digital content or digital service in accordance with Article 5, the consumer shall call upon the trader to supply the digital content or digital service.
F301 If the trader then fails to supply the digital content or digital service without undue delay, or within an additional period of time, as expressly agreed to by the parties, the consumer shall be entitled to terminate the contract.
F302 2. Paragraph 1 shall not apply, and the consumer shall be entitled to terminate the contract immediately, where: the trader has declared, or it is equally clear from the circumstances, that the trader will not supply the digital content or digital service; the consumer and the trader have agreed, or it is clear from the circumstances attending the conclusion of the contract, that a specific time for the supply is essential for the consumer and the trader fails to supply the digital content or digital service by or at that time.
F303 3. Where the consumer terminates the contract under paragraph 1 or 2 of this Article, Articles 15 to 18 shall apply accordingly.
F304 In the case of a lack of conformity, the consumer shall be entitled to have the digital content or digital service brought into conformity, to receive a proportionate reduction in the price, or to terminate the contract, under the conditions set out in this Article.
F305 2. The consumer shall be entitled to have the digital content or digital service brought into conformity, unless this would be impossible or would impose costs on the trader that would be disproportionate, taking into account all the circumstances of the case including: the value the digital content or digital service would have if there were no lack of conformity; and the significance of the lack of conformity.
F306 3. The trader shall bring the digital content or digital service into conformity pursuant to paragraph 2 within a reasonable time from the time the trader has been informed by the consumer about the lack of conformity, free of charge and without any significant inconvenience to the consumer, taking account of the nature of the digital content or digital service and the purpose for which the consumer required the digital content or digital service.
F307 4. The consumer shall be entitled to either a proportionate reduction of the price in accordance with paragraph 5 where the digital content or digital service is supplied in exchange for a payment of a price, or the termination of the contract in accordance with paragraph 6, in any of the following cases: the remedy to bring the digital content or digital service into conformity is impossible or disproportionate in accordance with paragraph 2; the trader has not brought the digital content or digital service into conformity in accordance with paragraph 3; a lack of conformity appears despite the trader's attempt to bring the digital content or digital service into conformity; the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the contract; or the trader has declared, or it is clear from the circumstances, that the trader will not bring the digital content or digital service into conformity within a reasonable time, or without significant inconvenience for the consumer.
F308 5. The reduction in price shall be proportionate to the decrease in the value of the digital content or digital service which was supplied to the consumer compared to the value that the digital content or digital service would have if it were in conformity.
F309 Where the contract stipulates that the digital content or digital service shall be supplied over a period of time in exchange for the payment of a price, the reduction in price shall apply to the period of time during which the digital content or digital service was not in conformity.
F310 6. Where the digital content or digital service is supplied in exchange for the payment of a price, the consumer shall be entitled to terminate the contract only if the lack of conformity is not minor.
F311 The burden of proof with regard to whether the lack of conformity is minor shall be on the trader.
F312 Article 16 Obligations of the trader in the event of termination 1.
F313 In the event of termination of the contract, the trader shall reimburse the consumer for all sums paid under the contract.
F314 However, in cases where the contract provides for the supply of the digital content or digital service in exchange for a payment of a price and over a period of time, and the digital content or digital service had been in conformity for a period of time prior to the termination of the contract, the trader shall reimburse the consumer only for the proportionate part of the price paid corresponding to the period of time during which the digital content or digital service was not in conformity, and any part of the price paid by the consumer in advance for any period of the contract that would have remained had the contract not been terminated.
F315 2. In respect of personal data of the consumer, the trader shall comply with the obligations applicable under Regulation (EU) 2016/679.
F316 3. The trader shall refrain from using any content other than personal data, which was provided or created by the consumer when using the digital content or digital service supplied by the trader, except where such content: has no utility outside the context of the digital content or digital service supplied by the trader; only relates to the consumer's activity when using the digital content or digital service supplied by the trader; has been aggregated with other data by the trader and cannot be disaggregated or only with disproportionate efforts; or has been generated jointly by the consumer and others, and other consumers are able to continue to make use of the content.
F317 4. Except in the situations referred to in point (a), (b) or (c) of paragraph 3, the trader shall, at the request of the consumer, make available to the consumer any content other than personal data, which was provided or created by the consumer when using the digital content or digital service supplied by the trader.
F318 4. Article 17 Obligations of the consumer in the event of termination
F319 1. After the termination of the contract, the consumer shall refrain from using the digital content or digital service and from making it available to third parties.
F320 2. Where the digital content was supplied on a tangible medium, the consumer shall, at the request and at the expense of the trader, return the tangible medium to the trader without undue delay.
F321 If the trader decides to request the return of the tangible medium, that request shall be made within 14 days of the day on which the trader is informed of the consumer's decision to terminate the contract.
F322 3. The consumer shall not be liable to pay for any use made of the digital content or digital service in the period, prior to the termination of the contract, during which the digital content or the digital service was not in conformity.
F323 Article 18 Time limits and means of reimbursement by the trader 1.
F324 Any reimbursement that is owed to the consumer by the trader, pursuant to Article 14(4) and (5) or 16(1), due to a price reduction or termination of the contract shall be carried out without undue delay and, in any event, within 14 days of the date on which the trader is informed of the consumer's decision to invoke the consumer's right for a price reduction or to terminate the contract.
F325 2. The trader shall carry out the reimbursement using the same means of payment as the consumer used to pay for the digital content or digital service, unless the consumer expressly agrees otherwise, and provided that the consumer does not incur any fees as a result of such reimbursement.
F326 3. The trader shall not impose any fee on the consumer in respect of the reimbursement.
F327 Where the contract provides that the digital content or digital service is to be supplied or made accessible to the consumer over a period of time, the trader may modify the digital content or digital service beyond what is necessary to maintain the digital content or digital service in conformity in accordance with Articles 7 and 8, if the following conditions are met: the contract allows, and provides a valid reason for, such a modification; such a modification is made without additional cost to the consumer; the consumer is informed in a clear and comprehensible manner of the modification; and in the cases referred to in paragraph 2, the consumer is informed reasonably in advance on a durable medium of the features and time of the modification and of the right to terminate the contract in accordance with paragraph 2, or of the possibility to maintain the digital content or digital service without such a modification in accordance with paragraph 4.
F328 2. The consumer shall be entitled to terminate the contract if the modification negatively impacts the consumer's access to or use of the digital content or digital service, unless such negative impact is only minor.
F329 In that case, the consumer shall be entitled to terminate the contract free of charge within 30 days of the receipt of the information or of the time when the digital content or digital service has been modified by the trader, whichever is later.
F330 3. Where the consumer terminates the contract in accordance with paragraph 2 of this Article, Articles 15 to 18 shall apply accordingly.
F331 4. Paragraphs 2 and 3 of this Article shall not apply if the trader has enabled the consumer to maintain without additional cost the digital content or digital service without the modification, and the digital content or digital service remains in conformity.
F332 Article 20 Right of redress Where the trader is liable to the consumer because of any failure to supply the digital content or digital service, or because of a lack of conformity resulting from an act or omission by a person in previous links of the chain of transactions, the trader shall be entitled to pursue remedies against the person or persons liable in the chain of commercial transactions.
F333 The person against whom the trader may pursue remedies, and the relevant actions and conditions of exercise, shall be determined by national law.
F334 2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are applied: public bodies or their representatives; consumer organisations having a legitimate interest in protecting consumers; professional organisations having a legitimate interest in acting; not-for-profit bodies, organisations or associations, active in the field of the protection of data subjects' rights and freedoms as defined in Article 80 of Regulation (EU) 2016/679.
F335 Unless otherwise provided for in this Directive, any contractual term which, to the detriment of the consumer, excludes the application of the national measures transposing this Directive, derogates from them or varies their effects before the failure to supply or the lack of conformity is brought to the trader's attention by the consumer, or before the modification of the digital content or digital service in accordance with Article 19 is brought to the consumer's attention by the trader, shall not be binding on the consumer.
F336 2. This Directive shall not prevent the trader from offering the consumer contractual arrangements that go beyond the protection provided for in this Directive.
F337 Article 23 Amendments to Regulation (EU) 2017/2394 and Directive 2009/22/EC (1) In the Annex to Regulation (EU) 2017/2394, the following point is added: ‘28.
F338 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1)’.
F339 By 1 July 2021 Member States shall adopt and publish the measures necessary to comply with this Directive.
F340 Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.
F341 2. The provisions of this Directive shall apply to the supply of digital content or digital services which occurs from 1 January 2022 with the exception of Articles 19 and 20 of this Directive which shall only apply to contracts concluded from that date.
F342 Article 25 Review The Commission shall, not later than 12 June 2024 review the application of this Directive and submit a report to the European Parliament, to the Council and to the European Economic and Social Committee.
F343 The report shall examine, inter alia, the case for harmonisation of rules applicable to contracts for the supply of digital content or digital services other than that covered by this Directive, including supplied against advertisements.
F344 Source: Directive (EU) 2024/1799 on common rules promoting the repair of goods (Right to Repair Directive), OJ L of 10.7.2024 (CELEX 32024L1799, https://eur-lex.europa.eu/eli/dir/2024/1799/oj).
F345 Official Journal of the European Union EN L series 10.7.2024 DIRECTIVE (EU) 2024/1799 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828 (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, HAVE ADOPTED THIS DIRECTIVE: Article 1 Subject matter, purpose and scope 1.
F346 This Directive lays down common rules strengthening the provisions related to the repair of goods, with a view to contributing to the proper functioning of the internal market, while providing for a high level of consumer and environmental protection.
F347 2. This Directive shall apply to the repair of goods purchased by consumers in the event of a defect of the goods that occurs or becomes apparent outside the liability of the seller pursuant to Article 10 of Directive (EU) 2019/771.
F348 3. Articles 5 and 6 shall only apply to goods for which and to the extent that repairability requirements are provided for by Union legal acts listed in Annex II.
F349 4. This Directive is without prejudice to Directive (EU) 2018/958.
F350 Article 2 Definitions For the purpose of this Directive, the following definitions apply: ‘consumer’ means ‘consumer’ as defined in Article 2, point (2), of Directive (EU) 2019/771; ‘repairer’ means any natural or legal person who, related to that person’s trade, business, craft or profession, provides a repair service, including manufacturers and sellers that provide repair services and repair service providers whether independent or affiliated with such manufacturers or sellers; ‘repair’ means ‘repair’ as defined in Article 2, point (20), of Regulation (EU) 2024/1781; ‘seller’ means ‘seller’ as defined in Article 2, point (3), of Directive (EU) 2019/771; ‘manufacturer’ means ‘manufacturer’ as defined in Article 2, point (42), of Regulation (EU) 2024/1781; ‘authorised representative’ means ‘authorised representative’ as defined in Article 2, point (43), of Regulation (EU) 2024/1781; ‘importer’ means ‘importer’ as defined in Article 2, point (44), of Regulation (EU) 2024/1781; ‘distributor’ means ‘distributor’ as defined in Article 2, point (45), of Regulation (EU) 2024/1781; ‘goods’ means ‘goods’ as defined in Article 2, point (5), of Directive (EU) 2019/771 except water, gas and electricity; ‘refurbishment’ means ‘refurbishment’ as defined in Article 2, point (18), of Regulation (EU) 2024/1781; ‘repairability requirements’ means requirements under the Union legal acts listed in Annex II which enable a good to be repaired, including requirements to improve ease of disassembly and requirements concerning access to spare parts, repair-related information and tools applicable to goods or specific components of goods; ‘durable medium’ means ‘durable medium’ as defined in Article 2, point (11), of Directive (EU) 2019/771.
F351 Article 3 Level of harmonisation Member States shall not maintain or introduce in their national law provisions diverging from those laid down in this Directive.
F352 Article 4 European Repair Information Form 1.
F353 Repairers may provide the consumer with the European Repair Information Form set out in Annex I. The European Repair Information Form shall be provided on a durable medium and within a reasonable period of time after the request and before the consumer is bound by a contract for the provision of repair services.
F354 2. The European Repair Information Form shall be provided free of charge.
F355 3. By way of derogation from paragraph 2, where a diagnostic service, including a physical or remote examination, is needed to identify the nature of the defect, the type of repair and to estimate the price of repair, the repairer may request the consumer to pay the necessary costs of this service.
F356 Without prejudice to Directive 2011/83/EU, the repairer shall inform the consumer about the costs of the diagnostic service.
F357 4. The European Repair Information Form shall specify the following conditions of repair in a clear and comprehensible manner: the identity of the repairer; the geographical address at which the repairer is established as well as the repairer’s telephone number and email address and, if available, other means of online communication which enable the consumer to contact, and communicate with, the repairer in a quick, efficient and accessible manner; the good to be repaired; the nature of the defect and the type of repair suggested; the price or, if the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and the maximum price for the repair; the time needed to complete the repair; the availability of temporary replacement goods during the time of repair and the costs of temporary replacement, if any, for the consumer; the place where the consumer hands over the good for repair; where applicable, the availability of ancillary services, such as removal, installation and transportation, offered by the repairer, and the detailed costs of those services, if any, for the consumer; the period of validity of the European Repair Information Form; where applicable, additional information.
F358 5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form for a period of 30 calendar days from the date on which that form was provided to the consumer.
F359 The repairer and the consumer may agree on a longer period of validity for the European Repair Information Form.
F360 Where the consumer accepts, within the period of validity, the conditions set out in the European Repair Information Form, the repairer shall be obliged to perform the repair service under those conditions.
F361 6. Where the repairer has supplied a complete and accurate European Repair Information Form to the consumer, it shall be deemed to have complied with the following requirements: information requirements regarding the main features of the repair service laid down in Article 5(1) point (a), and Article 6(1), point (a), of Directive 2011/83/EU and Article 22(1), point (j), of Directive 2006/123/EC of the European Parliament and of the Council (24); information requirements regarding the repairer’s identity and contact information laid down in Article 5(1), point (b), and Article (6)(1), points (b) and (c), of Directive 2011/83/EU, Article 22(1), point (a), of Directive 2006/123/EC and Article 5(1), points (a), (b) and (c), of Directive 2000/31/EC of the European Parliament and of the Council (25); information requirements regarding the price laid down in Articles 5(1), point (c), and Article 6(1), point (e), of Directive 2011/83/EU and Article 22(1), point (i), and (3), point (a), of Directive 2006/123/EC; information requirements regarding the arrangements for the performance and the time to perform the repair service laid down in Articles 5(1), point (d), and Article 6(1), point (g), of Directive 2011/83/EU.
F362 Article 5 Obligation to repair 1.
F363 Member States shall ensure that upon the consumer’s request, the manufacturer shall repair goods for which, and to the extent that, repairability requirements are provided for by Union legal acts listed in Annex II.
F364 The manufacturer shall not be obliged to repair such goods where repair is impossible.
F365 The manufacturer may sub-contract repair in order to fulfil its obligation to repair.
F366 2. The repair pursuant to paragraph 1 shall be carried out subject to the following conditions: it shall be carried out either free of charge or for a reasonable price; it shall be carried out within a reasonable period of time from the moment the manufacturer has physical possession of the good, has received the good or has been given access to the good by the consumer; the manufacturer may provide the consumer with the loan of a replacement good free of charge or for a reasonable fee for the duration of the repair; and in cases where the repair is impossible, the manufacturer may offer the consumer a refurbished good.
F367 3. Where the manufacturer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the manufacturer.
F368 Where the manufacturer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the manufacturer.
F369 Where there is no importer, the distributor of the good concerned shall perform the obligation of the manufacturer.
F370 The authorised representative, importer and distributor may sub-contract repair in order to fulfil their obligation to repair.
F371 4. Manufacturers that make spare parts and tools available for goods covered by Union legal acts listed in Annex II shall offer these spare parts and tools at a reasonable price that does not deter repair.
F372 5. Manufacturers, or, where applicable, authorised representatives, importers or distributors who have an obligation to repair pursuant to this Article shall ensure that consumers can access, via a free access website, information on the indicative prices that are charged for the typical repair of goods covered by Union legal acts listed in Annex II.
F373 6. Manufacturers shall not use any contractual clauses, hardware or software techniques that impede the repair of goods covered by Union legal acts listed in Annex II unless justified by legitimate and objective factors including the protection of intellectual property rights under Union and national law.
F374 Manufacturers shall, in particular, not impede the use of original or second-hand spare parts, compatible spare parts and spare parts issued from 3D-printing, by independent repairers when those spare parts are in conformity with requirements under Union or national law such as requirements on product safety or in compliance with intellectual property.
F375 This paragraph is without prejudice to the specific requirements of Union legal acts listed in Annex II and without prejudice to Union and national law providing for the protection of intellectual property rights.
F376 7. Manufacturers shall not refuse to repair goods covered by Union legal acts listed in Annex II for the sole reason that a previous repair has been performed by other repairers or by other persons.
F377 8. Without prejudice to the obligation to repair under this Article, consumers may seek repair from any repairer of their choice.
F378 9. The Commission shall adopt delegated acts in accordance with Article 20 to amend Annex II by updating the list of Union legal acts laying down repairability requirements in the light of regulatory developments.
F379 The Commission shall adopt such delegated acts without undue delay after publication of the respective Union legal act, and at the latest 12 months after such publication.
F380 Article 6 Information on obligation to repair Member States shall ensure that the manufacturer or, where applicable, the authorised representative, importer or distributor make available free of charge, at least for the entire duration of their obligation to repair pursuant to Article 5, information on their repair services in an easily accessible, clear and comprehensible manner.
F381 A European online platform for repair (‘European online platform’) shall be established to allow consumers to find repairers and, where applicable, sellers of refurbished goods, purchasers of defective goods for refurbishment or community-led repair initiatives.
F382 The European online platform shall consist of the national sections that use the common online interface and shall include links to the national online platforms for repair referred to in paragraph 3 (the ‘national online platforms’).
F383 2. By 31 July 2027, the Commission shall develop the common online interface for the European online platform.
F384 That common online interface shall comply with the requirements set out in paragraph 6 and be available in all official Union languages.
F385 The Commission shall thereafter ensure the technical maintenance of the common online interface.
F386 3. Member States shall use the common online interface referred to in paragraph 2 for their national sections.
F387 However, Member States that have at least one national online platform, whether public or private, that covers their entire territory and complies with the provisions set out in paragraph 6 are not obliged to establish a national section on the European online platform.
F388 Instead, the European online platform shall include links to such national online platforms.
F389 Member States shall ensure that their national online platforms are operational by 31 July 2027.
F390 4. Member States may extend the scope of their national section on the European online platform or, where applicable, their national online platform to cover, not only repairers, but also sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment or community-led repair initiatives.
F391 5. The use of national sections and national online platforms in the European online platform shall be free of charge for consumers.
F392 The registration shall be voluntary for repairers and, where applicable, sellers of goods that have been subject to refurbishment and purchasers of defective goods for refurbishment or community-led repair initiatives.
F393 6. The national sections that use the common online interface and the national online platforms shall: include search functions regarding goods, location of repair services, including a map based function, the cross-border provision of services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the place where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national repair quality standards; where applicable, include a search function to find sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment or community-led repair initiatives; enable consumers to request the European Repair Information Form from repairers offering it; allow for regular updates of contact information and services by repairers; allow repairers to indicate their adherence to applicable Union or national quality standards; enable accessibility through national websites connected to the Single Digital Gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council (26); ensure accessibility for persons with disabilities; and provide contact forms for users to report technical issues related to the functioning of the European online platform as well as inaccuracies concerning the information provided by repairers, and, where applicable, by the sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment or community-led repair initiatives.
F394 7. The European online platform shall enable the collection of non-personal data regarding the functioning of the national sections.
F395 8. Member States and the Commission shall take appropriate measures to inform consumers, relevant economic operators and sellers about the availability of the European online platform.
F396 Article 8 Expert group The Commission shall establish an expert group composed of representatives of all Member States and chaired by a representative of the Commission.
F397 The task of the expert group shall be to advise the Commission with regard to the design and functioning of the European online platform and its national sections.
F398 Article 9 National contact points 1.
F399 By 31 July 2026, Member States shall inform the Commission about: the national contact point that they have designated for the European online platform; or the national online platforms that they have established or will establish in accordance with Article 7(3).
F400 2. By 31 July 2026, Member States using the national sections of the European online platform may adopt conditions, in accordance with Union law, on the access to their national section for registration for repairers and, where applicable, sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment and community-led repair initiatives.
F401 Such conditions may, in particular, provide for prior approval of the registration on the national section by the national contact point or for requirements for professional qualifications.
F402 Such Member States shall by that date inform the Commission of any access conditions adopted.
F403 3. Member States using the national sections of the European online platform and applying the conditions referred to in paragraph 2 of this Article shall ensure that their national section is operational within 6 months from the date the Commission delivers the common online interface provided for in Article 7(2).
F404 4. The national contact point shall be responsible for the following tasks: providing access to their national section for registration for repairers and, where applicable, sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment and community-led repair initiatives; ensuring compliance with any access conditions set by Member States pursuant to paragraph 2; and assisting the Commission with the operation of the national sections of the European online platform.
F405 Article 10 Measures for micro, small and medium-sized enterprises Where appropriate, the Commission shall adopt guidelines to support in particular micro, small and medium-sized enterprises in complying with the requirements and obligations set out in this Directive.
F406 Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive.
F407 2. The means referred to in paragraph 1 shall include provisions allowing one or more of the following bodies, as determined by national law, to take action under national law before the courts or competent administrative bodies of the Member State to ensure that the national provisions transposing this Directive are applied: public bodies or their representatives; organisations having a legitimate interest in protecting consumers or the environment; professional organisations having a legitimate interest in taking action.
F408 Article 12 Consumer information Member States shall take appropriate measures to ensure that information on the rights of consumers under this Directive, and on the means to enforce those rights, are available to consumers, including on national websites connected to the Single Digital Gateway established by Regulation (EU) 2018/1724.
F409 Member States shall take at least one measure promoting repair.
F410 2. By 31 July 2029, Member States shall notify to the Commission one or more measures taken under paragraph
F411 1. The Commission shall make information on the measures notified by the Member States publicly available.
F412 Unless otherwise provided for in this Directive, any contractual agreement which, to the detriment of the consumer, excludes the application of national measures transposing this Directive, derogates from them, or varies their effect, shall not be binding on the consumer.
F413 2. This Directive shall not prevent the repairer from offering to the consumer contractual arrangements that go beyond the protections provided for in this Directive.
F414 Article 15 Penalties Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to Articles 4, 5 and 6 and shall take all measures necessary to ensure that they are implemented.
F415 Member States shall, by 31 July 2026 notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
F416 Article 16 Amendment to Directive (EU) 2019/771 Directive (EU) 2019/771 is amended as follows: in Article 7(1), point (d) is replaced by the following: ‘(d) be of the quantity and possess the qualities and other features, including in relation to durability, repairability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling.’
F417 Article 10 is amended as follows: the following paragraph is inserted: ‘2a.
F418 Where, in accordance with Article 13(2), repair takes place as the remedy to bring the goods into conformity, the liability period shall be extended once by 12 months.’ paragraph 3 is replaced by the following: ‘3.
F419 Member States may maintain or introduce longer time limits than those referred to in paragraphs 1, 2 and 2a.’ the following paragraph is inserted: ‘5a.
F420 Member States which, in accordance with paragraph 3 or paragraph 5, do not provide for fixed time limits for the liability of the seller or only provide a limitation period for the remedies, may derogate from paragraph 2a provided that they ensure that the liability of the seller or the limitation period for remedies in the event of repair is at least equivalent to three years.’ in Article 13, the following paragraph is inserted: ‘2a.
F421 Before the seller provides the remedy to bring the goods into conformity, the seller shall inform the consumer about the consumer’s right to choose between repair and replacement, as well as about the possible extension of the liability period, provided for in Article 10(2a).’ in Article 14, paragraph 1 is replaced by the following: ‘1.
F422 Repairs or replacements shall be carried out: free of charge; within a reasonable period of time from the moment the seller has been informed by the consumer about the lack of conformity; without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods.
F423 Article 17 Amendment to Directive (EU) 2020/1828 In Annex I to Directive (EU) 2020/1828, the following point is added: ‘(69) Directive (EU) 2024/1799 of the European Parliament and of the Council of 13 June 2024 on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828 (OJ L, 2024/1799, 10.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1799/oj).’.
F424 Article 18 Amendment to Regulation (EU) 2017/2394 In the Annex to Regulation (EU) 2017/2394, the following point is added: ‘29.
F425 Directive (EU) 2024/1799 of the European Parliament and of the Council of 13 June 2024 on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828 (OJ L, 2024/1799, 10.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1799/oj).’.
F426 Article 19 Reporting by the Commission and review 1.
F427 By 31 July 2031, the Commission shall submit a report on the application of this Directive.
F428 The report shall assess the contribution of this Directive, and in particular that of Articles 5 and 16, to promoting repair in the internal market, including the repair of goods subject to repairability requirements outside the legal guarantee and the consumers’ choice for repair within the legal guarantee as well as its impact on businesses and consumers.
F429 2. The report shall also assess the effectiveness of incentives to choose repair, including the extension of the legal guarantee, and the need to promote commercial guarantees on repair services and to adopt rules on the liability of repairers for repair.
F430 3. With regard to Article 7, the report shall assess the effectiveness of the European online platform based on information on the number of active repair service providers and on the number of consumers that accessed the European online platform.
F431 4. The Commission shall submit the report to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.
F432 Member States shall provide the Commission with the information necessary for the preparation of that report.
F433 5. The necessary level of harmonisation required to ensure a level-playing field for companies in the internal market including the convergence of and divergence between national laws of the Member States transposing this Directive, in particular regarding the liability periods, shall be assessed in the context of the review provided for in Article 25 of Directive (EU) 2019/771.
F434 The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
F435 2. The power to adopt delegated acts referred to in Article 5(9) shall be conferred on the Commission for a period of six years from 31 August 2024.
F436 The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six-year period.
F437 The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
F438 3. The delegation of power referred to in Article 5(9) may be revoked at any time by the European Parliament or by the Council.
F439 A decision to revoke shall put an end to the delegation of the power specified in that decision.
F440 It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein.
F441 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
F442 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
F443 6. A delegated act adopted pursuant to Article 5(9) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.
F444 That period shall be extended by two months at the initiative of the European Parliament or of the Council.
F445 Article 21 Transitional provisions Article 16 of this Directive shall not apply to sales contracts concluded before 31 July 2026.
F446 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 July 2026 at the latest.
F447 When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication.
F448 Member States shall apply those measures from 31 July 2026.
F449 2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
F450 For the European Parliament The President R. METSOLA For the Council The President M. MICHEL OJ C 293, 18.8.2023, p. 77.
F451 (3) Position of the European Parliament of 23 April 2024 (not yet published in the Official Journal) and decision of the Council of 30 May 2024.
F452 (4) Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
F453 (5) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).
F454 (6) Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for setting ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (OJ L, 2024/1781, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1781/oj).
F455 (7) Directive (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024 amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information (OJ L, 2024/825, 6.3.2024, ELI: http://data.europa.eu/eli/dir/2024/825/oj).
F456 (8) Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC (OJ L 135, 23.5.2023, p. 1).
F457 (9) Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
F458 (10) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
F459 (11) Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
F460 (12) Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10).
F461 (13) Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157, 30.4.2004, p. 45).
F462 (14) Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92).
F463 (15) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (Unfair Commercial Practices Directive) (OJ L 149, 11.6.2005, p. 22).
F464 (18) Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).
F465 (19) Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportionality test before adoption of new regulation of professions (OJ L 173, 9.7.2018, p. 25).
F466 (20) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).
F467 (21) Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).
F468 (22) Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
F469 (24) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
F470 (25) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1).
F471 (26) Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).
F472 ANNEX I EUROPEAN REPAIR INFORMATION FORM Part I Identity and contact details of the repairer providing the repair service Repairer [Identity] Address [Geographical address to be used by the consumer] Telephone number Email address If provided by the repairer, other means of online communication, which enable the consumer to contact, and communicate with, the repairer quickly and efficiently Part II Information on the repair service Good to be repaired [Identification of the good] Nature of the defect [Description of the defect] Type of repair suggested [What kind of measures will be taken to repair the defect] Price for repair or, if it cannot be calculated, the applicable calculation method and maximum price of repair [This means the total amount or, if not possible, the calculation method and the ceiling for the repair service, in EUR/national currency] Time to complete repair [Time by which the repairer undertakes to perform the service in days] Availability of temporary replacement goods [A temporary replacement good means that the consumer will receive an equivalent good for use during the time of repair, the repairer has to indicate ‘Yes’ or ‘No’] If yes, indicate the corresponding costs, if any: [In EUR/national currency] Place to hand over the goods [The place where the consumer hands over the goods for repair] If applicable, the availability of ancillary services [Indicate if and to which extent ancillary services such as removal, installation and transportation are offered, or ‘None’ if no ancillary service is offered for the repair concerned] If yes, indicate the corresponding costs, if any: [In EUR/national currency, per service offered] The period of validity of the European Repair Information Form [Period of validity of at least 30 days] If applicable, additional information Indications between square brackets provide explanations for the repairer and must be replaced with the corresponding information.
F473 ANNEX II LIST OF UNION LEGAL ACTS LAYING DOWN REPAIRABILITY REQUIREMENTS For household washing machines and household washer-dryers, Commission Regulation (EU) 2019/2023 (1) For household dishwashers, Commission Regulation (EU) 2019/2022 (2) For refrigerating appliances, Commission Regulation (EU) 2019/2019 (3) For electronic displays, Commission Regulation (EU) 2019/2021 (4) For welding equipment, Commission Regulation (EU) 2019/1784 (5) For vacuum cleaners, Commission Regulation (EU) No 666/2013 (6) For servers and data storage products, Commission Regulation (EU) 2019/424 (7) For mobile phones, cordless phones and slate tablets, Commission Regulation (EU) 2023/1670 (8) For household tumble dryers, Commission Regulation (EU) 2023/2533 (9) For goods incorporating light means of transport batteries, Regulation (EU) 2023/1542 of the European Parliament and of the Council (10) (1) Commission Regulation (EU) 2019/2023 of 1 October 2019 laying down ecodesign requirements for household washing machines and household washer-dryers pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EU) No 1015/2010 (OJ L 315, 5.12.2019, p. 285).
F474 (2) Commission Regulation (EU) 2019/2022 of 1 October 2019 laying down ecodesign requirements for household dishwashers pursuant to Directive 2009/125/EC of the European Parliament and of the Council amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EU) No 1016/2010 (OJ L 315, 5.12.2019, p. 267).
F475 (3) Commission Regulation (EU) 2019/2019 of 1 October 2019 laying down ecodesign requirements for refrigerating appliances pursuant to Directive 2009/125/EC of the European Parliament and of the Council and repealing Commission Regulation (EC) No 643/2009 (OJ L 315, 5.12.2019, p. 187).
F476 (4) Commission Regulation (EU) 2019/2021 of 1 October 2019 laying down ecodesign requirements for electronic displays pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EC) No 642/2009 (OJ L 315, 5.12.2019, p. 241).
F477 (5) Commission Regulation (EU) 2019/1784 of 1 October 2019 laying down ecodesign requirements for welding equipment pursuant to Directive 2009/125/EC of the European Parliament and of the Council (OJ L 272, 25.10.2019, p. 121).
F478 (6) Commission Regulation (EU) No 666/2013 of 8 July 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for vacuum cleaners (OJ L 192, 13.7.2013, p. 24).
F479 (7) Commission Regulation (EU) 2019/424 of 15 March 2019 laying down ecodesign requirements for servers and data storage products pursuant to Directive 2009/125/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 617/2013 (OJ L 74, 18.3.2019, p. 46).
F480 (8) Commission Regulation (EU) 2023/1670 of 16 June 2023 laying down ecodesign requirements for smartphones, mobile phones other than smartphones, cordless phones and slate tablets pursuant to Directive 2009/125/EC of the European Parliament and of the Council and amending Commission Regulation (EU) 2023/826 (OJ L 214, 31.8.2023, p. 47).
F481 (9) Commission Regulation (EU) 2023/2533 of 17 November 2023 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for household tumble dryers, amending Commission Regulation (EU) 2023/826, and repealing Commission Regulation (EU) No 932/2012 (OJ L, 2023/2533, 22.11.2023, ELI: http://data.europa.eu/eli/reg/2023/2533/oj).
F482 (10) Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (OJ L 191, 28.7.2023, p. 1).
F483 Source: Consolidated text of Directive (EU) 2019/771 on contracts for the sale of goods, version applicable from 31.07.2026 (CELEX 02019L0771-20260731, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02019L0771-20260731).
F484 02019L0771 — EN — 31.07.2026 — 001.001 This text is meant purely as a documentation tool and has no legal effect.
F485 Those official texts are directly accessible through the links embedded in this document ►B DIRECTIVE (EU) 2019/771 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (Text with EEA relevance) (OJ L 136 22.5.2019, p. 28) Amended by: Official Journal No page date ►M1 DIRECTIVE (EU) 2024/1799 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 L 1799 10.7.2024 DIRECTIVE (EU) 2019/771 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (Text with EEA relevance) Article 1 Subject matter and purpose The purpose of this Directive is to contribute to the proper functioning of the internal market while providing for a high level of consumer protection, by laying down common rules on certain requirements concerning sales contracts concluded between sellers and consumers, in particular rules on the conformity of goods with the contract, remedies in the event of a lack of such conformity, the modalities for the exercise of those remedies, and on commercial guarantees.
F486 Article 2 Definitions For the purposes of this Directive, the following definitions apply: ‘sales contract’ means any contract under which the seller transfers or undertakes to transfer ownership of goods to a consumer, and the consumer pays or undertakes to pay the price thereof; ‘consumer’ means any natural person who, in relation to contracts covered by this Directive, is acting for purposes which are outside that person's trade, business, craft or profession; ‘seller’ means any natural person or any legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person's name or on that person's behalf, for purposes relating to that person's trade, business, craft or profession, in relation to contracts covered by this Directive; ‘producer’ means a manufacturer of goods, an importer of goods into the Union or any person purporting to be a producer by placing its name, trade mark or other distinctive sign on the goods; ‘goods’ means: any tangible movable items; water, gas and electricity are to be considered as goods within the meaning of this Directive where they are put up for sale in a limited volume or a set quantity; any tangible movable items that incorporate or are inter-connected with digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions (‘goods with digital elements’); ‘digital content’ means data which are produced and supplied in digital form; ‘digital service’ means: a service that allows the consumer to create, process, store or access data in digital form; or a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service; ‘compatibility’ means the ability of the goods to function with hardware or software with which goods of the same type are normally used,
F487 without the need to convert the goods, hardware or software; ‘functionality’ means the ability of the goods to perform their functions having regard to their purpose; ‘interoperability’ means the ability of the goods to function with hardware or software different from those with which goods of the same type are normally used; ‘durable medium’ means any instrument which enables the consumer or the seller to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored; ‘commercial guarantee’ means any undertaking by the seller or a producer (the guarantor) to the consumer, in addition to the seller's legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract; ‘durability’ means the ability of the goods to maintain their required functions and performance through normal use; ‘free of charge’ means free of the necessary costs incurred in order to bring the goods into conformity, particularly the cost of postage, carriage, labour or materials; ‘public auction’ means a method of sale where goods or services are offered by the seller to consumers, who attend or are given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or services.
F488 Article 3 Scope This Directive shall apply to sales contracts between a consumer and a seller.
F489 Contracts between a consumer and a seller for the supply of goods to be manufactured or produced shall also be deemed sales contracts for the purpose of this Directive.
F490 This Directive shall not apply to contracts for the supply of digital content or digital services.
F491 It shall, however, apply to digital content or digital services which are incorporated in or inter-connected with goods in the meaning of point (5)(b) of Article 2, and are provided with the goods under the sales contract, irrespective of whether such digital content or digital service is supplied by the seller or by a third party.
F492 In the event of doubt as to whether the supply of incorporated or inter-connected digital content or an incorporated or inter-connected digital service forms part of the sales contract, the digital content or digital service shall be presumed to be covered by the sales contract.
F493 This Directive shall not apply to: any tangible medium which serves exclusively as a carrier for digital content; or any goods sold by way of execution or otherwise by authority of law.
F494 Member States may exclude from the scope of this Directive contracts for the sale of: second-hand goods sold at public auction; and living animals.
F495 In the case referred to in point (a), clear and comprehensive information that the rights deriving from this Directive do not apply shall be made easily available to consumers.
F496 This Directive shall not affect the freedom of Member States to regulate aspects of general contract law, such as rules on the formation, validity, nullity or effects of contracts, including the consequences of the termination of a contract, in so far as they are not regulated in this Directive, or the right to damages.
F497 This Directive shall not affect the freedom of Member States to allow consumers to choose a specific remedy, if the lack of conformity of the goods becomes apparent within a period after delivery, not exceeding 30 days.
F498 In addition, this Directive shall not affect national rules not specific to consumer contracts providing for specific remedies for certain types of defects that were not apparent at the time of conclusion of the sales contract.
F499 Article 5 Conformity of goods The seller shall deliver goods to the consumer that meet the requirements set out in Articles 6, 7 and 8, where applicable, without prejudice to Article 9.
F500 Article 7 Objective requirements for conformity In addition to complying with any subjective requirement for conformity, the goods shall: be fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any existing Union and national law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct; where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract; where applicable, be delivered along with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and be of the quantity and possess the qualities and other features, including in relation to durability, repairability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling.
F501 The seller shall not be bound by public statements, as referred to in point (d) of paragraph 1 if the seller shows that: the seller was not, and could not reasonably have been, aware of the public statement in question; by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or the decision to buy the goods could not have been influenced by the public statement.
F502 In the case of goods with digital elements, the seller shall ensure that the consumer is informed of and supplied with updates, including security updates, that are necessary to keep those goods in conformity, for the period of time: that the consumer may reasonably expect given the type and purpose of the goods and the digital elements, and taking into account the circumstances and nature of the contract, where the sales contract provides for a single act of supply of the digital content or digital service; or indicated in Article 10(2) or (5), as applicable, where the sales contract provides for a continuous supply of the digital content or digital service over a period of time.
F503 Where the consumer fails to install within a reasonable time updates supplied in accordance with paragraph 3, the seller shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that: the seller informed the consumer about the availability of the update and the consequences of the failure of the consumer to install it; and the failure of the consumer to install or the incorrect installation by the consumer of the update was not due to shortcomings in the installation instructions provided to the consumer.
F504 There shall be no lack of conformity within the meaning of paragraph 1 or 3 if, at the time of the conclusion of the sales contract, the consumer was specifically informed that a particular characteristic of the goods was deviating from the objective requirements for conformity laid down in paragraph 1 or 3 and the consumer expressly and separately accepted that deviation when concluding the sales contract.
F505 Article 8 Incorrect installation of the goods Any lack of conformity resulting from the incorrect installation of the goods shall be regarded as lack of conformity of the goods, if: the installation forms part of the sales contract and was carried out by the seller or under the seller's responsibility; or the installation, intended to be carried out by the consumer, was done by the consumer and the incorrect installation was due to shortcomings in the installation instructions provided by the seller or, in the case of goods with digital elements, provided by the seller or by the supplier of the digital content or digital service.
F506 Article 9 Third-party rights Where a restriction resulting from a violation of any right of a third party, in particular intellectual property rights, prevents or limits the use of the goods in accordance with Articles 6 and 7, Member States shall ensure that the consumer is entitled to the remedies for lack of conformity provided for in Article 13, unless national law provides for the nullity or rescission of the sales contract in such cases.
F507 Article 10 Liability of the seller The seller shall be liable to the consumer for any lack of conformity which exists at the time when the goods were delivered and which becomes apparent within two years of that time.
F508 Without prejudice to Article 7(3), this paragraph shall also apply to goods with digital elements.
F509 In the case of goods with digital elements, where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, the seller shall also be liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent within two years of the time when the goods with digital elements were delivered.
F510 Where the contract provides for a continuous supply for more than two years, the seller shall be liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent within the period of time during which the digital content or digital service is to be supplied under the sales contract.
F511 Where, in accordance with Article 13(2), repair takes place as the remedy to bring the goods into conformity, the liability period shall be extended once by 12 months.
F512 Member States may maintain or introduce longer time limits than those referred to in paragraphs 1, 2 and 2a.
F513 If, under national law, the remedies provided for in Article 13 are also subject to a limitation period, Member States shall ensure that such limitation period allows the consumer to exercise the remedies laid down in Article 13 for any lack of conformity for which the seller is liable pursuant to paragraphs 1 and 2 of this Article, and which becomes apparent within the period of time referred to in those paragraphs.
F514 Notwithstanding paragraphs 1 and 2 of this Article, Member States may maintain or introduce only a limitation period for the remedies provided for in Article 13.
F515 Member States shall ensure that such limitation period allows the consumer to exercise the remedies laid down in Article 13 for any lack of conformity for which the seller is liable pursuant to paragraphs 1 and 2 of this Article, and which becomes apparent during the period of time referred to in those paragraphs.
F516 Member States which, in accordance with paragraph 3 or paragraph 5, do not provide for fixed time limits for the liability of the seller or only provide a limitation period for the remedies, may derogate from paragraph 2a provided that they ensure that the liability of the seller or the limitation period for remedies in the event of repair is at least equivalent to three years.
F517 Member States may provide that, in the case of second-hand goods, the seller and the consumer can agree to contractual terms or agreements with a shorter liability or limitation period than those referred to in paragraphs 1, 2 and 5, provided that such shorter periods shall not be less than one year.
F518 Article 11 Burden of proof Any lack of conformity which becomes apparent within one year of the time when the goods were delivered shall be presumed to have existed at the time when the goods were delivered, unless proved otherwise or unless this presumption is incompatible with the nature of the goods or with the nature of the lack of conformity.
F519 This paragraph shall also apply to goods with digital elements.
F520 Instead of the one-year period laid down in paragraph 1, Member States may maintain or introduce a period of two years from the time when the goods were delivered.
F521 In the case of goods with digital elements where the sales contract provides for the continuous supply of the digital content or digital service over a period of time, the burden of proof with regard to whether the digital content or digital service was in conformity within the period of time referred to in Article 10(2) shall be on the seller for a lack of conformity which becomes apparent within the period of time referred to in that Article.
F522 Article 12 Obligation to notify Member States may maintain or introduce provisions stipulating that, in order to benefit from the consumer's rights, the consumer has to inform the seller of a lack of conformity within a period of at least 2 months of the date on which the consumer detected such lack of conformity.
F523 Article 13 Remedies for lack of conformity In the event of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity or to receive a proportionate reduction in the price, or to terminate the contract, under the conditions set out in this Article.
F524 In order to have the goods brought into conformity, the consumer may choose between repair and replacement, unless the remedy chosen would be impossible or, compared to the other remedy, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including: the value the goods would have if there were no lack of conformity; the significance of the lack of conformity; and whether the alternative remedy could be provided without significant inconvenience to the consumer.
F525 Before the seller provides the remedy to bring the goods into conformity, the seller shall inform the consumer about the consumer’s right to choose between repair and replacement, as well as about the possible extension of the liability period, provided for in Article 10(2a).
F526 The seller may refuse to bring the goods into conformity if repair and replacement are impossible or would impose costs on the seller that would be disproportionate, taking into account all circumstances including those mentioned in points (a) and (b) of paragraph 2.
F527 The consumer shall be entitled to either a proportionate reduction of the price in accordance with Article 15 or the termination of the sales contract in accordance with Article 16 in any of the following cases: the seller has not completed repair or replacement or, where applicable, has not completed repair or replacement in accordance with Article 14(2) and (3), or the seller has refused to bring the goods into conformity in accordance with paragraph 3 of this Article; a lack of conformity appears despite the seller having attempted to bring the goods into conformity; the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the sales contract; or the seller has declared, or it is clear from the circumstances, that the seller will not bring the goods into conformity within a reasonable time, or without significant inconvenience for the consumer.
F528 The consumer shall not be entitled to terminate the contract if the lack of conformity is only minor.
F529 The burden of proof with regard to whether the lack of conformity is minor shall be on the seller.
F530 The consumer shall have the right to withhold payment of any outstanding part of the price or a part thereof until the seller has fulfilled the seller's obligations under this Directive.
F531 Member States may determine the conditions and modalities for the consumer to exercise the right to withhold the payment.
F532 Member States may regulate whether and to what extent a contribution of the consumer to the lack of conformity affects the consumer's right to remedies.
F533 Article 14 Repair or replacement of the goods Repairs or replacements shall be carried out: free of charge; within a reasonable period of time from the moment the seller has been informed by the consumer about the lack of conformity; without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods.
F534 During repair, depending on the specificities of the relevant category of goods, in particular of the need of the consumer to have such goods permanently available, the seller may provide the consumer free of charge with a replacement good, including a refurbished good, on loan.
F535 The seller may provide, at the explicit request of the consumer, a refurbished good to fulfil his obligation to replace the good.
F536 Where the lack of conformity is to be remedied by repair or replacement of the goods, the consumer shall make the goods available to the seller.
F537 The seller shall take back the replaced goods at the seller's expense.
F538 Where a repair requires the removal of goods that had been installed in a manner consistent with their nature and purpose before the lack of conformity became apparent, or where such goods are to be replaced, the obligation to repair or replace the goods shall include the removal of the non-conforming goods, and the installation of replacement goods or repaired goods, or bearing the costs of that removal and installation.
F539 The consumer shall not be liable to pay for normal use made of the replaced goods during the period prior to their replacement.
F540 Article 15 Price reduction The reduction of price shall be proportionate to the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if they were in conformity.
F541 Where the lack of conformity relates to only some of the goods delivered under the sales contract and there is a ground for termination of the sales contract pursuant to Article 13, the consumer may terminate the sales contract only in relation to those goods, and in relation to any other goods which the consumer acquired together with the non-conforming goods if the consumer cannot reasonably be expected to accept to keep only the conforming goods.
F542 Where the consumer terminates a sales contract as a whole or, in accordance with paragraph 2, in relation to some of the goods delivered under the sales contract: the consumer shall return to the seller, at the seller's expense, the goods; and the seller shall reimburse to the consumer the price paid for the goods upon receipt of the goods or of evidence provided by the consumer of having sent back the goods.
F543 For the purposes of this paragraph, Member States may determine the modalities for return and reimbursement.
F544 Article 17 Commercial guarantees Any commercial guarantee shall be binding on the guarantor under the conditions laid down in the commercial guarantee statement and associated advertising available at the time, or before the conclusion, of the contract.
F545 Under the conditions laid down in this Article and without prejudice to any other applicable provisions of Union or national law, where a producer offers to the consumer a commercial guarantee of durability for certain goods for a certain period of time, the producer shall be liable directly to the consumer, during the entire period of the commercial guarantee of durability for repair or replacement of the goods in accordance with Article 14.
F546 The producer may offer to the consumer more favourable conditions in the commercial guarantee of durability statement.
F547 If the conditions laid out in the commercial guarantee statement are less advantageous to the consumer than those laid down in the associated advertising, the commercial guarantee shall be binding under the conditions laid down in the advertising relating to the commercial guarantee, unless, before the conclusion of the contract, the associated advertising was corrected in the same way or in a comparable way to that in which it was made.
F548 The commercial guarantee statement shall be provided to the consumer on a durable medium at the latest at the time of the delivery of the goods.
F549 The commercial guarantee statement shall be expressed in plain, intelligible language.
F550 It shall include the following: a clear statement that the consumer is entitled by law to remedies from the seller free of charge in the event of a lack of conformity of the goods and that those remedies are not affected by the commercial guarantee; the name and address of the guarantor; the procedure to be followed by the consumer to obtain the implementation of the commercial guarantee; the designation of the goods to which the commercial guarantee applies; and the terms of the commercial guarantee.
F551 Non-compliance with paragraph 2 shall not affect the binding nature of the commercial guarantee for the guarantor.
F552 Member States may lay down rules on other aspects concerning commercial guarantees which are not regulated in this Article, including rules on the language or languages in which the commercial guarantee statement is to be made available to the consumer.
F553 Article 18 Right of redress Where the seller is liable to the consumer because of a lack of conformity resulting from an act or omission, including omitting to provide updates to goods with digital elements in accordance with Article 7(3), by a person in previous links of the chain of transactions, the seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions.
F554 The person against whom the seller may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law.
F555 Article 20 Consumer information Member States shall take appropriate measures to ensure that information on the rights of consumers under this Directive, and on the means to enforce those rights, are available to consumers.
F556 Article 21 Mandatory nature Unless otherwise provided for in this Directive, any contractual agreement which, to the detriment of the consumer, excludes the application of national measures transposing this Directive, derogates from them, or varies their effect, before the lack of conformity of the goods is brought to the seller's attention by the consumer, shall not be binding on the consumer.
F557 This Directive shall not prevent the seller from offering to the consumer contractual arrangements that go beyond the protection provided for in this Directive.
F558 Article 22 Amendments to Regulation (EU) 2017/2394 and Directive 2009/22/EC In the Annex to Regulation (EU) 2017/2394, point 3 is replaced by the following: ‘3.
F559 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).’; In Annex I to Directive 2009/22/EC, point 7 is replaced by the following: ‘7.
F560 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).’.
F561 Article 23 Repeal of Directive 1999/44/EC Directive 1999/44/EC is repealed with effect from 1 January 2022.
F562 References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex.
F563 Article 24 Transposition By 1 July 2021 Member States shall adopt and publish the measures necessary to comply with this Directive.
F564 They shall immediately inform the Commission thereof.
F565 They shall apply those measures from 1 January 2022.
F566 Member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive.
F567 The provisions of this Directive shall not apply to contracts concluded before 1 January 2022.
F568 Article 25 Review The Commission shall, not later than 12 June 2024, review the application of this Directive, including its provisions on remedies and burden of proof — also with respect to second-hand goods as well as goods sold at public auctions — and the producer's commercial guarantee of durability, and submit a report to the European Parliament, to the Council and to the European Economic and Social Committee.
F569 The report shall assess in particular whether the application of this Directive and Directive (EU) 2019/770 ensures a consistent and coherent framework for the proper functioning of the internal market with regard to the supply of digital content, digital services and goods with digital elements in line with principles governing Union policies.
F570 However, Article 22 shall apply from 1 January 2022.
F571 Source: Regulation (EC) No 261/2004 on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights (CELEX 32004R0261, https://eur-lex.europa.eu/eli/reg/2004/261/oj).
F572 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (Text with EEA relevance) - Commission Statement HAVE ADOPTED THIS REGULATION: Article 1 Subject 1.
F573 This Regulation establishes, under the conditions specified herein, minimum rights for passengers when: (a) they are denied boarding against their will; (b) their flight is cancelled; (c) their flight is delayed.
F574 2. Application of this Regulation to Gibraltar airport is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.
F575 3. Application of this Regulation to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation.
F576 The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation.
F577 Article 2 Definitions For the purposes of this Regulation: (a) "air carrier" means an air transport undertaking with a valid operating licence; (b) "operating air carrier" means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger; (c) "Community carrier" means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers(5); (d) "tour operator" means, with the exception of an air carrier, an organiser within the meaning of Article 2, point 2, of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours(6); (e) "package" means those services defined in Article 2, point 1, of Directive 90/314/EEC; (f) "ticket" means a valid document giving entitlement to transport, or something equivalent in paperless form, including electronic form, issued or authorised by the air carrier or its authorised agent; (g) "reservation" means the fact that the passenger has a ticket, or other proof, which indicates that the reservation has been accepted and registered by the air carrier or tour operator; (h) "final destination" means the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight; alternative connecting flights available shall not be taken into account if the original planned arrival time is respected; (i) "person with reduced mobility" means any person whose mobility is reduced when using transport because of any physical disability (sensory or locomotory, permanent or temporary), intellectual impairment, age or any other cause of disability, and whose situation needs special attention and adaptation to the person's needs of the services made available to all passengers; (j) "denied boarding"
F578 means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation; (k) "volunteer" means a person who has presented himself for boarding under the conditions laid down in Article 3(2) and responds positively to the air carrier's call for passengers prepared to surrender their reservation in exchange for benefits. (l) "cancellation" means the non-operation of a flight which was previously planned and on which at least one place was reserved.
F579 This Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
F580 2. Paragraph 1 shall apply on the condition that passengers: (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, - as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, - not later than 45 minutes before the published departure time; or (b) have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight, irrespective of the reason.
F581 3. This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.
F582 However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator.
F583 4. This Regulation shall only apply to passengers transported by motorised fixed wing aircraft.
F584 5. This Regulation shall apply to any operating air carrier providing transport to passengers covered by paragraphs 1 and
F585 2. Where an operating air carrier which has no contract with the passenger performs obligations under this Regulation, it shall be regarded as doing so on behalf of the person having a contract with that passenger.
F586 6. This Regulation shall not affect the rights of passengers under Directive 90/314/EEC.
F587 This Regulation shall not apply in cases where a package tour is cancelled for reasons other than cancellation of the flight.
F588 When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier.
F589 Volunteers shall be assisted in accordance with Article 8, such assistance being additional to the benefits mentioned in this paragraph.
F590 2. If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will.
F591 3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and
F592 1. In case of cancellation of a flight, the passengers concerned shall: (a) be offered assistance by the operating air carrier in accordance with Article 8; and (b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and (c) have the right to compensation by the operating air carrier in accordance with Article 7, unless: (i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or (ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or (iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
F593 2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.
F594 3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
F595 4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.
F596 When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure: (a) for two hours or more in the case of flights of 1500 kilometres or less; or (b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or (c) for four hours or more in the case of all flights not falling under (a) or (b), passengers shall be offered by the operating air carrier: (i) the assistance specified in Article 9(1)(a) and 9(2); and (ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and (iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).
F597 2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket.
F598 Article 7 Right to compensation 1.
F599 Where reference is made to this Article, passengers shall receive compensation amounting to: (a) EUR 250 for all flights of 1500 kilometres or less; (b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres; (c) EUR 600 for all flights not falling under (a) or (b).
F600 In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
F601 2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked (a) by two hours, in respect of all flights of 1500 kilometres or less; or (b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or (c) by four hours, in respect of all flights not falling under (a) or (b), the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.
F602 3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
F603 4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.
F604 Article 8 Right to reimbursement or re-routing 1.
F605 Where reference is made to this Article, passengers shall be offered the choice between: (a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, - a return flight to the first point of departure, at the earliest opportunity; (b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or (c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
F606 2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC.
F607 3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.
F608 Where reference is made to this Article, passengers shall be offered free of charge: (a) meals and refreshments in a reasonable relation to the waiting time; (b) hotel accommodation in cases - where a stay of one or more nights becomes necessary, or - where a stay additional to that intended by the passenger becomes necessary; (c) transport between the airport and place of accommodation (hotel or other).
F609 2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.
F610 3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.
F611 If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment.
F612 2. If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days, by the means provided for in Article 7(3), reimburse (a) 30 % of the price of the ticket for all flights of 1500 kilometres or less, or (b) 50 % of the price of the ticket for all intra-Community flights of more than 1500 kilometres, except flights between the European territory of the Member States and the French overseas departments, and for all other flights between 1500 and 3500 kilometres, or (c) 75 % of the price of the ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments.
F613 Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children.
F614 2. In cases of denied boarding, cancellation and delays of any length, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to care in accordance with Article 9 as soon as possible.
F615 This Regulation shall apply without prejudice to a passenger's rights to further compensation.
F616 The compensation granted under this Regulation may be deducted from such compensation.
F617 2. Without prejudice to relevant principles and rules of national law, including case-law, paragraph 1 shall not apply to passengers who have voluntarily surrendered a reservation under Article 4(1).
F618 Article 13 Right of redress In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this Regulation, no provision of this Regulation may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the law applicable.
F619 In particular, this Regulation shall in no way restrict the operating air carrier's right to seek reimbursement from a tour operator or another person with whom the operating air carrier has a contract.
F620 Similarly, no provision of this Regulation may be interpreted as restricting the right of a tour operator or a third party, other than a passenger, with whom an operating air carrier has a contract, to seek reimbursement or compensation from the operating air carrier in accordance with applicable relevant laws.
F621 The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: "If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance".
F622 2. An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation.
F623 It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice.
F624 The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form.
F625 3. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means.
F626 Obligations vis-à-vis passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage.
F627 2. If, nevertheless, such a derogation or restrictive clause is applied in respect of a passenger, or if the passenger is not correctly informed of his rights and for that reason has accepted compensation which is inferior to that provided for in this Regulation, the passenger shall still be entitled to take the necessary proceedings before the competent courts or bodies in order to obtain additional compensation.
F628 Article 16 Infringements 1.
F629 Each Member State shall designate a body responsible for the enforcement of this Regulation as regards flights from airports situated on its territory and flights from a third country to such airports.
F630 Where appropriate, this body shall take the measures necessary to ensure that the rights of passengers are respected.
F631 The Member States shall inform the Commission of the body that has been designated in accordance with this paragraph.
F632 2. Without prejudice to Article 12, each passenger may complain to any body designated under paragraph 1, or to any other competent body designated by a Member State, about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from a third country to an airport situated on that territory.
F633 3. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive.
F634 Article 17 Report The Commission shall report to the European Parliament and the Council by 1 January 2007 on the operation and the results of this Regulation, in particular regarding: - the incidence of denied boarding and of cancellation of flights, - the possible extension of the scope of this Regulation to passengers having a contract with a Community carrier or holding a flight reservation which forms part of a "package tour" to which Directive 90/314/EEC applies and who depart from a third-country airport to an airport in a Member State, on flights not operated by Community air carriers, - the possible revision of the amounts of compensation referred to in Article 7(1).
F635 Article 18 Repeal Regulation (EEC) No 295/91 shall be repealed.
F636 Article 19 Entry into force This Regulation shall enter into force on 17 February 2005.
F637 This Regulation shall be binding in its entirety and directly applicable in all Member States.
F638 Source: Your Europe (official EU portal), 'Air passenger rights' page, https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm.
F639 Air passenger rights EU air passenger rights apply: If your flight is within the EU and is operated either by an EU or a non-EU airline If your flight arrives in the EU from outside the EU and is operated by an EU airline If your flight departs from the EU to a non-EU country operated by an EU or a non-EU airline If you have not already received benefits (compensation, re-routing, assistance from the airline) for flight related problems for this journey under the relevant law of a non-EU country.
F640 EU means the 27 EU countries, including Guadeloupe, French Guiana, Martinique, Mayotte, Réunion, Saint Barthélemy, Saint-Martin (French Antilles), the Azores, Madeira and the Canary Islands, but not the Faeroe Islands.
F641 EU rules also apply to flights to and from Iceland , Norway and Switzerland.
F642 A printed or electronic notice informing you of your EU air passenger rights must be clearly displayed at the airport check-in desk, at check-in kiosks and on-line.
F643 If you were denied boarding, your flight was cancelled, you experienced a delay of more than 2 hours at departure or you arrive with a long delay at your final destination, the airline must give you a written notice setting out the rules for compensation and assistance.
F644 Your flight was cancelled Your flight was delayed You were denied boarding Your flight was overbooked Your flight was upgraded or downgraded You missed your connecting flight Your luggage was lost, damaged or delayed Your rights as a passenger with disabilities or reduced mobility were not respected How to claim your rights?
F645 Denied boarding You may be denied boarding by the airline: For safety, security or health reasons (for example if you did not inform the airline in advance of any severe infectious diseases or allergies) or if you don't have the correct travel documents (more information on documents you need for travel in Europe) If you didn't take the outbound flight of a reservation which included a return flight If you didn't take the other flight(s) included in a reservation with consecutive flights If you don't have the relevant documentation for your pet when it is travelling with you If you have presented yourself on time for check-in with a valid flight reservation and travel documentation and you're denied boarding by the airline due to overbooking or for operational reasons, and you don't voluntarily give up your seat, you are entitled to: compensation the right to choose between reimbursement, re-routing or rebooking at a later stage and assistance Cancelled flight Cancellation occurs when: your original flight schedule is abandoned, and you are transferred to another scheduled flight the departure time of your flight is brought forward by more than 1 hour the aircraft took off but, was forced to return to the airport of departure and you were transferred to another flight your flight arrives at an airport which is not the final destination indicated on your ticket, unless: You accepted re-routing (under comparable transport conditions at the earliest opportunity) to the airport of your original final destination or to any other destination agreed by you.
F646 The airport of arrival and the airport of the original final destination serve the same town, city or region.
F647 In this case it is considered as a delay and not a cancellation.
F648 If your flight is cancelled you have the right to choose between reimbursement, re-routing or return.
F649 You are also entitled to assistance at the airport.
F650 If you were informed of the cancellation less than 14 days prior to the scheduled departure date, you have a right to compensation.
F651 The airline has the obligation to prove if and when you were personally informed that the flight was cancelled.
F652 If this is not the case you can contact your national authority for further assistance.
F653 However, compensation is not due if the carrier can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
F654 The air carrier should give this evidence to the relevant national enforcement body as well as to the passengers concerned in line with national provisions on access to documents.
F655 Delay If your flight is delayed at departure, you have the right to assistance, to reimbursement and a return flight, depending on the duration of the delay and the distance of the flight.
F656 If you arrived at your final destination with a delay of 3 hours or more, you are entitled to compensation, unless the delay was due to extraordinary circumstances.
F657 The airline has to prove this by providing, for example, extracts from logbooks or incident reports.
F658 Your flight was overbooked If you have presented yourself on time for check-in with a valid flight reservation and travel documentation and you're denied boarding due to overbooking or for operational reasons, and you don't voluntarily give up your seat, you are entitled to: compensation the right to choose between reimbursement, re-routing or rebooking at a later stage and assistance from the airline Upgrading or downgrading If you are upgraded, the airline can't request any additional payment.
F659 If you are downgraded, you are entitled to reimbursement of a percentage of the price of your ticket, depending on the flight distance as follows: a) 30% - flights of 1 500 km or less b) 50% - flights within the EU of more than 1 500 km (except flights between the EU and French overseas departments), and all other flights between 1 500 and 3 500 c) 75% - flights not falling under (a) or (b), including flights between the EU and French overseas departments.
F660 If you have 2 or more connecting flights included in a single ticket, you can only be reimbursed for the flight which was downgraded and not for the entire journey.
F661 The reimbursement should be paid within 7 days.
F662 You missed your connecting flight Connecting flights are journeys where you have to take more than one flight to get to your final destination.
F663 If you miss a connecting flight, and arrive at your final destination with a delay of more than 3 hours, you are entitled to compensation.
F664 This compensation is calculated according to the length of the delay and the distance to your final destination.
F665 You have a right to compensation if: your flights were booked as part of a single reservation and EU air passenger rights apply and the delay to your arrival time was not caused by extraordinary circumstances You are not entitled to compensation if you miss your connecting flight due to delays at security checks or if you did not respect the boarding time of your flight at the airport of transfer.
F666 Lost, damaged or delayed luggage Checked-in luggage If your checked-in luggage is lost, damaged or delayed, the airline is liable and you're entitled to compensation up to an amount of approximately € 1 300.
F667 However if the damage was caused by an inherent defect in the baggage itself, you're not entitled to any compensation.
F668 Hand luggage If your hand luggage is damaged the airline is liable if it was responsible for the damage.
F669 Travel insurance To ensure you have sufficient coverage when travelling with expensive items it's advisable to take out private insurance.
F670 If you do not wish to do so you can for a fee request a higher compensation limit (in excess of € 1 300) from the airline you are travelling with.
F671 This must be done in advance and at the latest when you check-in.
F672 How to complain If you want to file a claim for lost or damaged luggage, you should do it in writing to the airline within 7 days, or within 21 days of receiving your luggage if it was delayed.
F673 There is no standard EU-wide form.
F674 Compensation - denied boarding Distance More than 1 500 km within the EU and all other flights between 1 500 and 3 500 km If you arrived on time for check‑in, you should always receive compensation if you're denied boarding.
F675 The only exception is if there were reasonable grounds to deny you boarding, such as health, safety, or security concerns.
F676 Or if you did not have the required travel documents.
F677 Even in cases where such grounds exist, airlines might still offer you compensation depending on the specific terms and conditions attached to your ticket.
F678 Connecting flight – one reservation with a single check-in If you are denied boarding because the airline operating the connecting flight deemed that you would arrive too late to board this flight (as your first flight was delayed) compensation is due.
F679 Compensation if your flight is re-routed Flights distance Delay in reaching final destination 1 500 or less 2 hours or less More than 1 500 km within the EU and all other flights between 1 500 km and 3 500 3 hours or less 4 hours or less Compensation - cancellation Distance More than 1 500 km within the EU and all other flights between 1 500 and 3 500 km If your flight is cancelled, the airline must offer you, on a one off basis, a choice between: the reimbursement of your ticket and, if you have a connecting flight, a return flight to the airport of departure at the earliest opportunity re-routing to your final destination at the earliest opportunity or, re-routing at a later date at your convenience under comparable transport conditions, subject to the availability of seats.
F680 As soon as you have chosen one of these three options, you no longer have rights in relation to the other two options.
F681 However, the airline carrier may still have to provide compensation: if you choose to have your ticket reimbursed – the compensation due will depend on the length of your flight if you choose re-routing – the compensation due will depend on the length of your flight and the delay in reaching your final destination, past the original scheduled arrival time.
F682 You're not entitled to compensation: if you are informed more than 14 days in advance if you are informed between 2 weeks and 7 days before the scheduled departure and you are offered re-routing which would allow you: to depart no more than 2 hours before the original scheduled time of departure and to reach your final destination less than 4 hours after the original scheduled time of arrival if you are informed less than 7 days before the scheduled departure and are offered re-routing which would allow you: to depart no more than 1 hour before the original scheduled time of departure and to reach your final destination less than 2 hours after the original scheduled time of arrival.
F683 Compensation if your flight is re-routed Flights distance Delay in reaching final destination 2 hours or less More than 1 500 km within the EU and all other flights between 1 500 km and 3 500 3 hours or less 4 hours or less You are not entitled to compensation in case of extraordinary circumstances which could not have been avoided even if all reasonable measures have been taken.
F684 Compensation - delay at arrival Distance Delay at arrival at final destination 3 hours or more More than 3 500 km for flights that either: (a) depart from the EU to a non-EU country, or (b) depart from a non-EU to an EU country and are operated by an EU airline At least 3 hours but less than 4 More than 1 500 km within the EU and all other flights between 1 500 and 3 500 km 3 hours or more More than 3 500 km (non-EU countries) 4 hours or more If you reach your final destination with a delay of 3 hours or more you are entitled to compensation if the delay is not caused by extraordinary circumstances.
F685 If you miss a connecting flight travelling within the EU or outside the EU on a flight originating from an EU country, you should be entitled to compensation, if you arrive at your final destination with a delay of more than 3 hours.
F686 It is not relevant if the carrier operating the connecting flight is an EU or non-EU airline.
F687 If you depart from a non-EU country to your final destination in an EU country, with connecting flights operated successively by non-EU and EU airlines or by EU airlines only, only the flights operated by EU airlines are taken into consideration for the right to compensation in case of a long delay on arrival at the final destination.
F688 You are not entitled to compensation if you miss connecting flights due to delays at security checks or if you did not respect the boarding time of your flight at the airport of transfer.
F689 If you accept a flight to a different airport from the one in the original booking and it arrives late, you're entitled to compensation.
F690 The time of arrival used for calculating the delay is the time of arrival at the airport mentioned in the original booking or the destination agreed upon with the airline.
F691 Transport costs between the alternative airport and the one in the original booking or agreed destination should be borne by the airline.
F692 If the airline has offered you re-routing and you reach your final destination with a delay the compensation may be reduced by 50% as shown in the table below.
F693 Compensation if your flight is re-routed Flights distance Delay in reaching final destination 1 500 or less 2 hours or less More than 1 500 km within the EU and all other flights between 1 500 km and 3 500 3 hours or less 4 hours or less Compensation - denied boarding due to overbooking Distance More than 1 500 km within the EU and all other flights between 1 500 and 3 500 km You should always receive compensation if you're denied boarding.
F694 If you are denied boarding because the airline operating the connecting flight deemed that you would arrive too late to board this flight (as your first flight was delayed) compensation is due.
F695 Compensation if your flight is re-routed Flights distance Delay in reaching final destination 1 500 or less 2 hours or less More than 1 500 km within the EU and all other flights between 1 500 km and 3 500 3 hours or less 4 hours or less Assistance in the event of denied boarding Airlines should provide assistance free of charge while you wait.
F696 The assistance to be provided includes: Refreshments Food Accommodation (if you are rebooked to travel the next day) Transport to your accommodation and return to the airport 2 telephone calls, telex, fax messages or emails If assistance is not offered and you paid for any of the above items out of your own pocket, the airline should reimburse you, provided the expenses were necessary, reasonable and appropriate.
F697 You only have the right to assistance as long as you have to wait for re-routing, under comparable transport conditions, to your final destination at the earliest opportunity or a return flight.
F698 Unless the terms and conditions of your ticket specify otherwise, you are not entitled to assistance if: you were denied boarding on reasonable health, safety or security grounds you did not have the required travel documents Assistance in the event of cancellation Airlines should offer you and provide assistance free of charge while you wait.
F699 Airlines should also ensure, where available, that accommodation is accessible for people with disabilities and their service dogs.
F700 The assistance to be provided includes: Refreshments Food Accommodation (if you are rebooked to travel the next day) Transport to your accommodation and return to the airport 2 telephone calls, telex, fax messages or emails If assistance is not offered and you paid for your own meals and refreshments etc., the airline should reimburse you, provided the expenses were necessary, reasonable and appropriate.
F701 You should keep all receipts for this purpose.
F702 In exceptional cases, the airline may decide to limit or decline assistance if it would cause further delay to passengers waiting for an alternative or a delayed flight.
F703 Assistance in the event of delay at departure If an airline expects that your flight will be delayed beyond the scheduled departure time, you are entitled to meals and refreshments, in proportion to the waiting time, and 2 free telephone calls, emails or faxes.
F704 Airlines should offer you and provide assistance free of charge while you wait.
F705 In the event of travel disruption, you should make yourself known to the airline, to avoid a situation where you have to make your own arrangements.
F706 If assistance is not offered and you paid for your own meals and refreshments, the airline should reimburse you, provided the expenses were necessary, reasonable and appropriate.
F707 Assistance in the event of denied boarding due to overbooking Airlines should offer you and provide assistance free of charge while you wait.
F708 Reimbursement, re-routing or rebooking in the event of denied boarding The airline must offer you, on a oneoff basis, a choice between: the reimbursement of your ticket and, if you have a connecting flight, a return flight to the airport of departure at the earliest opportunity re-routing to your final destination at the earliest opportunity or, re-routing at a later date at your convenience under comparable transport conditions (i.e. ‘rebooking'), subject to the availability of seats.
F709 If you booked an outbound and a return flight separately with different airlines and the outbound flight is cancelled, reimbursement is only due for the cancelled flight.
F710 However, if the outbound and return flights are operated by different airlines, but were part of a single reservation, in the event that the outbound flight was cancelled, you have the following rights: Compensation A choice between the reimbursement of your entire ticket (outbound and return flights) or re-routing on another flight for the outbound flight Unless the terms and conditions of your ticket specify otherwise, you are not entitled to reimbursement or re‑rerouting if: you were denied boarding on reasonable health, safety or security grounds you did not have the required travel documents Reimbursement, re-routing or rebooking in the event of cancellation The airline must offer you, on a one off basis, a choice between: the reimbursement of your ticket and, if you have a connecting flight, a return flight to the airport of departure at the earliest opportunity re-routing to your final destination at the earliest opportunity or, re-routing at a later date at your convenience under comparable transport conditions, subject to the availability of seats.
F711 If the airline does not comply with its obligation to offer re-routing or return under comparable transport conditions at the earliest opportunity, it has to reimburse your flight costs.
F712 If the outbound and return flights are operated by different airlines, but were part of a single reservation, in the event that the outbound flight was cancelled, you have the following rights: Compensation A choice between the reimbursement of your entire ticket (outbound and return flights) or re-routing on another flight for the outbound flight Reimbursement and a return flight in the event of a long delay (5 hours or more) at departure If your flight is delayed at least 5 hours at departure, the airline must reimburse your ticket and, if you have a connecting flight, offer a return to the airport of departure at the earliest opportunity.
F713 Reimbursement, re-routing or rebooking in the event of denied boarding due to overbooking The airline must offer you, on a one off basis, a choice between: the reimbursement of your ticket and, if you have a connecting flight, a return flight to the airport of departure at the earliest opportunity re-routing to your final destination at the earliest opportunity or, re-routing at a later date at your convenience under comparable transport conditions, subject to the availability of seats.
F714 However, the airline may still have to provide compensation depending on the distance of your flight and the length of the delay past your original planned arrival time.
F715 If the airline does not offer you the choice between reimbursement and re-routing but decides unilaterally to reimburse your original ticket, you are entitled to an additional reimbursement of the price difference with the new ticket (under comparable transport conditions).
F716 However, if the outbound and return flights are operated by different airlines, but were part of a single reservation, in the event that the outbound flight was cancelled, you have the following rights: Compensation A choice between the reimbursement of your entire ticket (outbound and return flights) or re-routing on another flight for the outbound flight Extraordinary circumstances - Cancellation Extraordinary circumstances can lead to cancellation(s) or delay(s) at the final destination.
F717 Examples of events defined as extraordinary circumstances are air traffic management decisions, political instability, adverse weather conditions and security risks.
F718 Situations which are not considered as extraordinary circumstances include: most technical problems which come to light during aircraft maintenance or are caused by failure to maintain an aircraft collision of mobile boarding stairs with an aircraft strikes by air carrier staff (internal strike action) Any strike external to an air carrier that affects the operation of the airline may be considered as extraordinary circumstances.
F719 However, to be exempted from paying compensation, the airline must prove that: i) there is a link between the extraordinary circumstances and the delay or the cancellation, and ii) the delay or cancellation could not have been avoided even if all reasonable measures had been taken.
F720 If the airline does not provide you with a satisfactory explanation, you can contact your national authority for further assistance.
F721 Extraordinary circumstances - Delay Extraordinary circumstances can lead to cancellation(s) or delay(s) at the final destination.
F722 Claim your rights If you think your rights have not been respected, there are several forms of redress you can use.
F723 However you should always send your complaint to the airline first.
F724 You can also consult your local European Consumer Centre for help and advice on problems related to air passenger rights.
F725 Complain to the airline You should always send your complaint to the airline first using the complaint form provided by the airline.
F726 The outbound and return flights are always considered as two separate flights even if they were booked as part of one reservation.
F727 In some cases the airline operating the flight (also known as the operating air carrier) may not be the same as the one from which you bought your ticket.
F728 In case of any difficulties only the airline which operates the flight can be held responsible.
F729 In cases where an airline hires (under a wet lease) an aircraft including crew from another airline, the airline which hires the aircraft has operational responsibility for the flight and is regarded as the operating airline under EU rules (specifically Regulation 261/2004).
F730 Complain to national authorities If you don't receive a reply from the airline within 2 months or if you are not satisfied with the reply, you can lodge a complaint with the relevant national authority in the country where the incident took place, within a reasonable timeframe.
F731 The national authority should provide you with a non-binding legal opinion on how to proceed with your claim.
F732 Use alternative dispute resolution entities You can also try to resolve your dispute using out-of-court procedures or an alternative dispute resolution entity.
F733 Access to alternative dispute resolution procedures is only available to EU residents.
F734 Going to court You may wish to resort to formal legal action and present a claim for compensation under EU rules using the European Small Claims procedure.
F735 For flights operated by an EU airline, you can submit your claim either at the place of arrival or departure.
F736 The same rule applies to connecting flights, which are part of a single reservation, but which may be operated by different air carriers.
F737 You may also bring the matter before the courts in the country where the airline is registered.
F738 If the airline is not registered in an EU country, you can submit your case to the courts in the EU country where your flight arrived, departed or connected.
F739 The time limits for bringing an action against an airline in a national court are defined in accordance with national rules on the limitation of actions in each EU country.
F740 Important information for people submitting a claim to a claims agency: Information notice on relevant EU consumer protection, marketing and data protection law applicable to claim agencies' activities in relation to Regulation 261/2004 on air passenger rights.
F741 FAQs Assistance to passenger for flight disruptions due to the situation in the Middle East FAQs - Air passenger rights EU legislation EU Regulation on air passenger rights European Commission Interpretative Guidelines concerning the rights of disabled persons and persons with reduced mobility when travelling by air European Commission Interpretative Guidelines on air passenger rights EU Regulation on common rules for the operation of air services EU Regulation on air carrier liability in respect of the carriage of passengers and their baggage Need more information on rules in a specific country?Ask national administrations Need support from assistance services?
F742 Source: Your Europe (official EU portal), 'Guarantees' page, https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm (last checked by the EU on 20/08/2026).
F743 Guarantees Legal guarantee Under EU rules, if the goods you buy turn out to be faulty or do not look or work as advertised, the seller must repair or replace them at no cost.
F744 If this is impossible or the seller cannot do it within a reasonable time and without significant inconvenience to you, you are entitled to a full or partial refund.
F745 You always have the right to a minimum 2-year guarantee from the moment you received the goods.
F746 However, national rules in your country may give you extra protection.
F747 The 2-year guarantee period starts as soon as you receive your goods.
F748 If a defect becomes apparent within 1 year of delivery, you don't have to prove it existed at the time of delivery.
F749 It is assumed that it did unless the seller can prove otherwise.
F750 In some EU countries, this period of “reversed burden of proof” is 2 years.
F751 Goods bought from private individuals are not covered by these rules.
F752 Some EU countries have a longer legal guarantee period under their national law.
F753 To find out more about your rights, select your country below: Never less than two years Carla bought a hairdryer with a 6-month commercial guarantee.
F754 When it broke after 8 months, she took it back to the shop.
F755 The shop assistant told her that her guarantee had run out and that she was not entitled to a refund.
F756 Carla pointed out that she had a full 2-year guarantee free of charge under EU consumer protection law, and that the seller's 6-month guarantee only offered additional services.
F757 The shop agreed to replace the hairdryer.
F758 Contact the right seller Sabine, who lives in Belgium, bought a smartphone from an online store in Germany.
F759 She downloaded a step-count app but it didn’t work well, so she asked the store to fix it.
F760 The store was not liable because the sales contract applied to the smartphone only.
F761 The store advised Sabine to contact the seller of the app.
F762 Pre-installed apps are covered too Johan bought a smart TV but 2 months later, one of the pre-installed apps would no longer open.
F763 He contacted the seller, who was obliged to provide him with the required software update.
F764 Commercial guarantees Shops or producers might offer you an additional commercial guarantee (also known as a "warranty").
F765 This can give you better protection but can never exclude or reduce your rights under the minimum 2-year guarantee.
F766 The conditions should be laid down clearly in the commercial guarantee statement.
F767 If they are less advantageous than any advertised conditions, the more advantageous ones apply.
F768 In particular, you may be offered a commercial guarantee of durability by a producer.
F769 The entire product, the entire period Kaloyan buys a high-class food processor from an online retail shop with the EU label for a 5-year commercial guarantee of durability.
F770 After 4 years of faithful use, the handle of the food processor bowl breaks off just like that, and the motor starts performing less.
F771 Kaloyan contacts the online shop for a repair, or a replacement.
F772 The shop says the legal guarantee already expired two years ago, but offers a replacement bowl for €80 or 15% off for a brand new food processor.
F773 The shop also refers Kaloyan to the producer.
F774 Kaloyan remembers the EU guarantee label on the food processor and he knows what this means: a 5-year commercial guarantee, offered by the producer, applying independently from the legal guarantee and covering the entire product at no additional cost.
F775 Kaloyan contacts the producer, who agrees to send him a replacement bowl for free.
F776 Second-hand goods Second-hand goods that you buy from a professional seller are also covered by the minimum 2-year guarantee.
F777 In some EU countries, you can agree with the seller on a guarantee period of less than 2 years.
F778 However, it must be no shorter than 1 year.
F779 This should be made clear at the time of purchase.
F780 Digital content and digital services You have a legal guarantee also when buying digital content and digital services like videos, music, mobile apps, video games or subscriptions to online news or cloud storage.
F781 The rules apply even when you do not pay money for the digital content or service but consent to provide your personal data that the supplier uses to generate revenues, e.g. by serving you with online targeted advertising.
F782 You always have the right to a minimum 2-year guarantee if the digital content or service turns out to be faulty, not as advertised or not working as expected.
F783 If the supplier cannot fix the content or service within a reasonable time, free of charge and without significant inconvenience to you, you can ask for a reduction in the price or to terminate the contract.
F784 For any defect in a one-off purchase that becomes apparent within 1 year, it is assumed that it existed at that time of the sale, unless the supplier can prove otherwise.
F785 However, you can file a claim for a period of at least 2 years.
F786 Continuous supply In the case of continuous supply, such as cloud storage services, the supplier is responsible for any defect that becomes apparent throughout the time that the digital content or service is to be supplied (as laid down in the contract).
F787 For digital content or services provided on a continuous basis, the defect is assumed to have existed throughout that period.
F788 The supplier should give you clear instructions on how to install the digital content or service, and the technical requirements that are needed to operate it.
F789 Suppliers should also ensure that you get the necessary updates.
F790 For digital content or services provided on a continuous basis, updates should be provided during the whole period as laid down in the contract.
F791 Your data in exchange for content or service If you gave the supplier your personal data in exchange for digital content or a service but it's not working as advertised, you have the right to terminate the contract, even if the defect is minor.
F792 The supplier should stop using your data once the contract is terminated, and give you the option to take back any content that you created (for example, if a social media platform like Facebook allows you to have an account in exchange for your personal data and photos, videos and posts, they should stop using them as soon as you have terminated the contract).
F793 Adam paid to download a movie on his smart TV.
F794 However, the quality of sound was poor, even though he had made sure that his TV met the technical requirements.
F795 He contacted the supplier, who informed him that this quality issue cannot be fixed.
F796 The supplier offered Adam the choice to either keep the movie and get a discount, or not keep the movie and get a full refund.
F797 Adam chose to keep it and get some money back.
F798 Alex downloaded a music streaming application on his tablet computer.
F799 Six months later, he received an e-mail stating that an upgrade would be necessary to accommodate the growing number of users.
F800 Existing customers could get the upgrade for free under the terms of the contract, though there was no obligation to do so.
F801 However, after the upgrade, the streaming speed has slowed significantly.
F802 Alex decided to terminate the contract and get his money back.
F803 This is possible up to 30 days after the update.
F804 Where to get help For more detailed information about your rights under national law, check the specific rules on legal guarantees and commercial warranties for the country where you made your purchase.
F805 If you have a problem with cancelling a contract or getting a repair or refund in another EU country, the European Consumer Centre in your country can help.
F806 If you're not sure which situation applies to you, you can also try our consumer rights tool to help you understand your rights when you shop in the EU.
F807 FAQs FAQs - Guarantees See also Returns Commercial guarantee of durability EU legislation Guidance on the interpretation and application of the EU consumer rights directive EU Directive on contracts for the sale of goods EU Directive on the supply of digital content and services EU Directive on consumer rights Need support from assistance services?
F808 Get in touch with specialised assistance servicesGet help and advice You can also use the assistance service finder to find the right help for you.
F809 As of 26 September 2026, air passenger rights in the EU are governed by Regulation (EC) No 261/2004 as interpreted by the Court of Justice of the European Union.
F810 More than two months passed between the European Parliament's final approval of the joint text on 7 July 2026 and 26 September 2026, during which the revised regulation still had not entered into force.
F811 More than twelve years passed between the European Commission's 2013 proposal to revise Regulation 261/2004 and the European Parliament's final approval of the joint text on 7 July 2026.
F812 The European Parliament's final approval of the joint text on 7 July 2026 is the later act that, once in force, will amend the rule that Regulation 261/2004 currently governs air passenger rights.
F813 Passengers must submit their claim to enforce the voucher-reimbursement right under the joint text within the one-year deadline for submitting claims.
F814 Passengers must submit their claim to enforce the strengthened re-routing and missed-connection rights under the joint text within the one-year deadline for submitting claims.
F815 More than twelve years and two months passed between the European Commission's 2013 proposal to revise Regulation 261/2004 and 26 September 2026.
F816 The same one-year claim deadline applies to both the voucher-reimbursement right and the strengthened re-routing/missed-connection right under the joint text.
F817 The extra national protection some countries give consumers can take the form of a longer legal guarantee period under national law.
F818 The presumption that a defect already existed at delivery does not apply to goods bought from private individuals.
F819 The longer legal guarantee period some EU countries provide under national law does not apply to goods bought from private individuals.
F820 In some EU countries, the reversed burden of proof for a defect lasts up to 2 years instead of the general 1-year window.
F821 The seller's repair, replacement or refund remedies for a faulty good must all be available within the minimum 2-year guarantee period.
F822 The shop assistant's claim that Carla's guarantee had run out was incorrect, because 8 months (when the hairdryer broke) is well within the minimum 2-year (24-month) legal guarantee period.
F823 Johan's pre-installed app failure, occurring only 2 months after buying the smart TV, falls well within the minimum 2-year legal guarantee period.
F824 Since the food processor's handle broke after 4 years, which is less than the 5-year commercial guarantee of durability, the defect fell within that guarantee's coverage even though the 2-year legal guarantee had already expired.
F825 Carla's insistence on her full 2-year guarantee despite the shop's 6-month commercial guarantee claim is a direct application of the rule that commercial guarantees can never reduce the minimum 2-year guarantee.
F826 The price-reduction-or-termination remedy for digital content that cannot be fixed within a reasonable time must be claimed within at least a 2-year window.
F827 Alex's eligibility for a free upgrade under the contract terms was prompted by the supplier's need to accommodate a growing number of users.
F828 Johan's success in getting the seller to provide the pre-installed app update is a concrete instance of the supplier's general duty to also ensure necessary updates are provided.
F829 Alex's termination of the contract and refund after the streaming slowdown must occur within the 30-day window following the upgrade.
F830 Even in EU countries where the reversed burden of proof for a defect lasts up to 2 years, this presumption still does not apply to goods bought from private individuals.
F831 Flights to and from Iceland, Norway and Switzerland receive EU air passenger rights protection even though none of these three countries is among the 27 EU member states.
F832 Even if a passenger was informed of the cancellation less than 14 days before the scheduled departure, compensation is not due if the airline proves the cancellation was caused by unavoidable extraordinary circumstances.
F833 If the airline cannot prove when the passenger was informed of the cancellation, the passenger keeps the right to compensation for cancellations notified less than 14 days before departure.
F834 A passenger who misses a connecting flight and arrives at the final destination more than 3 hours late is entitled to compensation only if the flights were a single reservation, EU air passenger rights apply, and the delay was not due to extraordinary circumstances - and is not entitled if the missed connection was caused by security-check delays or by not respecting the boarding time.
F835 The airline's liability for lost, damaged or delayed checked-in luggage, with compensation up to approximately 1,300 euro, does not apply when the damage was caused by an inherent defect in the baggage itself.
F836 Although carrier nationality generally does not affect the missed-connecting-flight compensation right, for journeys departing from a non-EU country to an EU destination with mixed carriers, only the legs operated by EU airlines count toward that right.
F837 The lateness that entitles compensation for accepting a flight to a different airport is measured against the arrival time at the airport in the original booking or the agreed destination, not at the actual alternative airport.
F838 Compensation for missing a connecting flight and arriving more than 3 hours late is not owed when the missed connection was caused by delays at security checks or by the passenger's own failure to respect the boarding time.
F839 For an airline not registered in an EU country, a court case must be brought in the EU country where the flight arrived, departed or connected, and is subject to that country's national rules on the limitation of actions.
F840 A passenger who is not an EU resident cannot use the out-of-court alternative dispute resolution route to resolve an air passenger rights dispute.
F841 A passenger keeps the right to compensation for a cancellation notified less than 14 days before departure unless the airline both proves when the passenger was informed and proves the cancellation was caused by unavoidable extraordinary circumstances.
F842 For flights departing from a third country to a Member State airport, this Regulation applies only if the operating air carrier holds a valid operating licence granted by a Member State under Council Regulation (EEC) No 2407/92, and only if the passengers did not already receive benefits, compensation or assistance in that third country.
F843 If an operating air carrier's call for volunteers fails to secure enough of them and it denies boarding to the remaining passengers against their will, it must immediately compensate them under Article 7 and assist them under Articles 8 and 9.
F844 The written notice required under Article 14 must include the contact details of the specific enforcement body that each Member State designates under Article 16(1).
F845 The check-in notice and the delay notice required under Article 14(1) must be provided to blind and visually impaired passengers using appropriate alternative means, not only the standard written or displayed format.
F846 Directive (EU) 2024/1799 of 13 June 2024, which amends Directive (EU) 2019/771, also amends the Article 23 repeal of Directive 1999/44/EC.
F847 The consolidated text of Directive (EU) 2019/771 sourced at CELEX 02019L0771-20260731 is meant purely as a documentation tool and has no legal effect.
F848 Directive (EU) 2019/771 applies to contracts between a consumer and a seller for the supply of goods to be manufactured or produced.
F849 The objective conformity requirements of Article 7 narrow the general conformity duty of Article 5 to what is normal for goods of the same type and only where applicable.
F850 If a Member State excludes second-hand goods sold at public auction from the Directive's scope, clear and comprehensive information that the Directive's rights do not apply to such goods must be made easily available to consumers.
F851 The consolidated text of Directive 2011/83/EU was retrieved one day before the version it presents became applicable on 27 September 2026.
F852 Directive 2011/83/EU's scope under Article 3 is extended beyond price-paying contracts to also cover contracts where the trader supplies digital content or a digital service and the consumer provides personal data instead.
F853 Directive 2011/83/EU's scope under Article 3 is extended beyond price-paying contracts to also cover contracts for the supply of water, gas, electricity or district heating provided on a contractual basis.
F854 The software updates that must be disclosed under Directive 2011/83/EU's information requirements are free updates, including security updates, necessary to keep goods with digital elements, digital content and digital services in conformity with Directives (EU) 2019/770 and (EU) 2019/771.
F855 Under the commercial guarantee of durability that traders must disclose under Directive 2011/83/EU's information requirements, the producer is directly liable to the consumer for repair or replacement of the goods under Article 14 of Directive (EU) 2019/771 whenever the goods do not maintain their durability.
F856 The functionality of goods with digital elements, digital content and digital services that traders must disclose under Directive 2011/83/EU's information requirements is functionality as defined in point (11) of Article 2 of Directive (EU) 2019/770.
F857 The personal data that a consumer provides under the scope extension in Directive 2011/83/EU is personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679.
F858 The compatibility and interoperability of goods with digital elements, digital content and digital services that traders must disclose under Directive 2011/83/EU's information requirements are compatibility and interoperability as defined in points (10) and (12) of Article 2 of Directive (EU) 2019/770.
F859 The utility-contract extension for water, gas, electricity or district heating provided on a contractual basis extends the general scope rule of Article 3 of Directive 2011/83/EU beyond contracts where the consumer pays or undertakes to pay a price.
F860 None of the articles listed as applicable to distance contracts for financial services apply to financial services not covered by Article 3(1b) of Directive 2011/83/EU, since the Directive does not apply to such services at all.
F861 Member States' discretion to adopt additional pre-contractual information requirements for contracts under Article 5 is permitted despite the general non-divergence rule in Article 4, because Article 5 itself provides for this exception.
F862 Member States' discretion to set a national threshold lower than EUR 50 for exempting off-premises contracts is permitted despite the general non-divergence rule in Article 4, because that threshold provision itself allows Member States to legislate on the matter.
F863 Where Member States have adopted rules under Article 9(1a) extending the withdrawal period to 30 days, a trader can only fulfil the information requirements of points (h), (i) and (j) of Article 6(1) by supplying the consumer with model withdrawal instructions correctly filled in with a 30-day period rather than a 14-day period.
F864 If a trader fails to disclose the manner of calculating additional charges or the cost of returning the goods as required under Article 6(1), the consumer will not have to bear those additional charges or return costs.
F865 In the EUR 200 off-premises repair or maintenance scenario, the burden of proving compliance with the price and price-calculation information requirement lies with the trader.
F866 For an off-premises contract where the consumer requested early performance of services or utilities during the withdrawal period, the trader must include confirmation of the consumer's prior express consent and acknowledgement of losing the right of withdrawal, in accordance with point (m) of Article 16, in the signed contract copy or confirmation of the contract.
F867 If the trader fails to ensure that the consumer explicitly acknowledges that placing the order implies an obligation to pay, the consumer is not bound by the contract or order.
F868 If the trader fails to label the order button or similar function with the words 'order with obligation to pay' or an equivalent unambiguous formulation, the consumer is not bound by the contract or order.
F869 Article 10's 12-month withdrawal-period expiry for an omitted right-of-withdrawal notice is cut short: if the trader provides that information within 12 months of the Article 9(2) reference day, the withdrawal period instead expires 14 days, or 30 days under Article 9(1a) rules, after the consumer receives it.
F870 Because a consumer's exercise of the right of withdrawal is timely if the withdrawal communication was sent before the period expired, the consumer must prove the date the communication was sent, not received, to discharge the burden of proving timely exercise.
F871 The moment that fixes how much of the price a consumer owes for services provided before an early-performance withdrawal is the date the withdrawal communication was sent, not received.
F872 The acknowledgement of receipt the trader must send without delay after an electronic withdrawal submission must include the content of the withdrawal and the date and time of its submission, sent once the consumer activates the confirmation function.
F873 The model-form instruction telling traders to inform consumers they can exercise withdrawal online implements the Article 11a duty to ensure that consumers can withdraw from a contract concluded by an online interface using a withdrawal function.
F874 The trader's duty to reimburse all payments received from the consumer, including delivery costs, does not extend to the extra cost of a more expensive delivery option the consumer chose over the least expensive standard option the trader offered.
F875 The model-form instruction telling traders to inform consumers they can exercise withdrawal online implements the statutory duty that the withdrawal function must enable the consumer to send an online withdrawal statement informing the trader of the decision to withdraw.
F876 The electronic means by which the consumer asks, in the online withdrawal statement, to receive confirmation of the withdrawal is the channel through which the trader must send the acknowledgement of receipt on a durable medium.
F877 For a withdrawal exercised through the online withdrawal function, the trader's 14-day deadline to reimburse the consumer runs from the date the consumer submitted the online withdrawal statement, since that submission date is what counts as timely exercise of the right of withdrawal.
F878 The general diminished-value liability limit, under which a consumer is liable only for handling beyond what is necessary to establish the goods' nature, characteristics and functioning, is entirely displaced when the trader failed to give the required withdrawal-right notice under Article 6(1)(h): in that case the consumer bears no diminished-value liability at all.
F879 The consumer satisfies the 14-day goods-return duty simply by sending the goods back before the 14-day period expires, regardless of when the trader actually receives them.
F880 Although content generated jointly by the consumer and others, which other consumers can continue to use, is not covered by the trader's duty to refrain from using consumer-provided content, the trader must still make that content available to the consumer on request, since that situation is not among the exceptions, points (a) to (c), to the separate duty to make content available.
F881 Although the consumer generally bears the direct cost of returning goods, the trader must collect the goods at its own expense, and so bear that cost, when the goods were delivered to the consumer's home under an off-premises contract and cannot normally be returned by post.
F882 The proportionate-payment calculation based on the total price is entirely displaced, and the consumer owes nothing for services or utilities performed during the withdrawal period, if the trader failed to give the required Article 6(1)(h) or (j) information, or if the consumer never expressly requested early performance under Article 7(3) or Article 8(8); the same zero-cost outcome applies to digital content performance where the required prior consent, loss-of-withdrawal acknowledgement, or Article 7(2) or Article 8(7) confirmation is missing.
F883 The exclusion of the right of withdrawal for urgent repair or maintenance visits requested by the consumer does not extend to any additional services or goods the trader provides beyond what was specifically requested during that visit; the right of withdrawal instead applies to those additional services or goods.
F884 The carve-back for additional services or goods beyond what was specifically requested during a repair or maintenance visit applies equally where Member States have provided that the consumer loses the right of withdrawal once the requested repair service has been fully performed with prior consent: the right of withdrawal remains available for those additional services or goods.
F885 The 14-calendar-day withdrawal period for distance contracts for financial services is extended to 30 calendar days when the contract relates to personal pension operations.
F886 For distance contracts for financial services, the withdrawal deadline falls 14 calendar days, or 30 calendar days for personal pension operations, after whichever is later: the conclusion of the contract, or the consumer's receipt of the contractual terms and the required information.
F887 Under Directive 2011/83/EU a consumer has 14 days to withdraw from a distance or off-premises contract without giving any reason.
F888 For sales contracts the withdrawal period runs from the day the consumer acquires physical possession of the goods.
F889 For service contracts the withdrawal period runs from the day the contract is concluded.
F890 If the last day of the withdrawal period falls on a non-working day, the period is extended until the next working day.
F891 Member States may extend the withdrawal period to 30 days for contracts concluded during unsolicited visits by a trader to the consumer's home or during commercial excursions.
F892 For sales contracts where Member States have extended the withdrawal period to 30 days for contracts concluded during unsolicited home visits or commercial excursions, that 30-day period runs from the day the consumer acquires physical possession of the goods.
F893 For service contracts where Member States have extended the withdrawal period to 30 days for contracts concluded during unsolicited visits or commercial excursions, that 30-day period runs from the day the contract is concluded.
F894 Where Member States have extended the withdrawal period to 30 days for contracts concluded during unsolicited visits or commercial excursions, that 30-day period is also extended until the next working day if its last day falls on a non-working day.
F895 If the trader has not informed the consumer about the right of withdrawal, the withdrawal period expires 12 months after the end of the initial 14-day withdrawal period.
F896 If the trader provides that information within those 12 months, the withdrawal period expires 14 days after the day the consumer receives it.
F897 The consumer may withdraw using the model withdrawal form in Annex I(B) of Directive 2011/83/EU or by any other unequivocal statement.
F898 The burden of proof of having exercised the right of withdrawal lies with the consumer.
F899 If the trader has not informed the consumer about the right of withdrawal and the resulting 12-month deadline falls on a non-working day, the withdrawal period is extended until the next working day.
F900 If the trader provides the missing withdrawal-right information within those 12 months and the resulting 14-day deadline falls on a non-working day, the withdrawal period is extended until the next working day.
F901 For distance contracts concluded through an online interface, the trader must provide a withdrawal function labelled 'withdraw from contract here' or an unambiguous equivalent.
F902 The withdrawal function must be prominently displayed, easily accessible and continuously available throughout the withdrawal period.
F903 After the consumer confirms the online withdrawal statement with a 'confirm withdrawal' function, the trader must send an acknowledgement of receipt on a durable medium without undue delay.
F904 A consumer who submitted the online withdrawal statement before the withdrawal period expired is considered to have withdrawn in time.
F905 After a withdrawal the trader must reimburse all payments received from the consumer, including the costs of standard delivery, without undue delay and at the latest within 14 days of being informed of the withdrawal.
F906 The trader must reimburse using the same means of payment the consumer used, unless the consumer expressly agreed otherwise and incurs no fees.
F907 The trader does not have to reimburse the extra cost of a delivery type that the consumer expressly chose instead of the least expensive standard delivery.
F908 For sales contracts the trader may withhold the reimbursement until it has received the goods back or the consumer has supplied evidence of having sent them back, whichever is earlier.
F909 For sales contracts, the trader's right to withhold reimbursement until it has received the goods back or received evidence of their return does not apply if the trader has offered to collect the goods himself.
F910 After withdrawing, the consumer must send back or hand over the goods without undue delay and at the latest within 14 days of informing the trader of the withdrawal.
F911 The consumer bears the direct cost of returning the goods, unless the trader agreed to bear it or failed to inform the consumer that the consumer has to bear it.
F912 The consumer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
F913 The cost of returning a defective product is the responsibility of the trader.
F914 If the trader has offered to collect the goods himself, the consumer's duty to send back or hand over the goods within 14 days of informing the trader of the withdrawal does not apply.
F915 The right of withdrawal does not apply to goods made to the consumer's specifications or clearly personalised, or to goods liable to deteriorate or expire rapidly.
F916 The right of withdrawal does not apply to sealed goods unsuitable for return for health or hygiene reasons once unsealed, or to sealed audio or video recordings or computer software unsealed after delivery.
F917 The right of withdrawal does not apply to accommodation, transport of goods, car rental, catering or leisure services provided for a specific date or period, such as plane and train tickets, concert tickets and hotel bookings.
F918 The right of withdrawal does not apply to goods or services whose price depends on financial market fluctuations, to urgent repairs requested by the consumer, or to newspapers and magazines except subscriptions.
F919 The right of withdrawal is lost for a service contract once the service has been fully performed, if performance began with the consumer's express prior consent and acknowledgement that the right would be lost.
F920 The right of withdrawal is lost for online digital content once its supply has begun with the consumer's express consent and acknowledgement.
F921 Under Directive (EU) 2019/771 the seller is liable for any lack of conformity that exists when the goods are delivered and becomes apparent within 2 years of delivery.
F922 Member States may maintain or introduce longer seller liability periods for a lack of conformity of goods than 2 years.
F923 The seller must repair or replace faulty goods free of charge, within a reasonable time and without significant inconvenience to the consumer.
F924 For second-hand goods Member States may allow the seller and the consumer to agree on a liability period shorter than 2 years, but not shorter than 1 year.
F925 A lack of conformity that becomes apparent within 1 year of delivery is presumed to have existed at the time of delivery, unless the seller proves otherwise.
F926 Member States may extend the reversed burden of proof for a lack of conformity of goods to 2 years from delivery.
F927 Member States may require the consumer to inform the seller of a lack of conformity within a period of at least 2 months from the date the consumer detected it.
F928 Goods bought from private individuals are not covered by the legal guarantee rules.
F929 If goods are not in conformity, the consumer is first entitled to choose between repair and replacement, unless the chosen remedy is impossible or disproportionate.
F930 The consumer is entitled to a proportionate price reduction or to terminate the sales contract if the seller has not repaired or replaced the goods, or if a lack of conformity appears despite the seller's attempt to fix it.
F931 The consumer is also entitled to a price reduction or termination if the lack of conformity is so serious that it justifies immediate price reduction or termination, or if the seller has refused or clearly will not fix the goods within a reasonable time.
F932 The consumer is not entitled to terminate the contract if the lack of conformity is only minor.
F933 Where the lack of conformity is only minor, the consumer's entitlement after an unsuccessful repair or replacement, a reappearing defect, or the seller's refusal or failure to fix the goods within a reasonable time is limited to a proportionate price reduction and does not include terminating the contract.
F934 When a sales contract is terminated for lack of conformity, the consumer returns the goods to the seller at the seller's expense and the seller reimburses the price upon receipt of the goods or evidence that they were sent back.
F935 When goods are replaced, the seller takes back the replaced goods at its own expense.
F936 When repair is chosen as the remedy, the seller's liability period is extended once by 12 months, under Directive (EU) 2019/771 as amended by the Right to Repair Directive (EU) 2024/1799, applicable from 31 July 2026.
F937 A commercial guarantee, also called a warranty, is offered by the seller or producer on top of the legal guarantee and can never exclude or reduce the consumer's rights under the minimum 2-year legal guarantee.
F938 A commercial guarantee binds the guarantor under the conditions in the guarantee statement and in related advertising, and the more advantageous conditions apply to the consumer.
F939 A producer that offers a commercial guarantee of durability is directly liable to the consumer for repair or replacement of the goods during the whole guarantee period.
F940 Under the Right to Repair Directive (EU) 2024/1799, which Member States apply from 31 July 2026, manufacturers must repair, at the consumer's request, goods covered by EU repairability requirements even after the legal guarantee has expired.
F941 Goods covered by the repair obligation are household washing machines and washer-dryers, dishwashers, refrigerating appliances, electronic displays, welding equipment, vacuum cleaners, servers and data storage products, mobile phones, cordless phones and slate tablets, household tumble dryers, and goods incorporating light means of transport batteries.
F942 Repair under the Right to Repair Directive must be free of charge or at a reasonable price, within a reasonable time.
F943 Where repair under the Right to Repair Directive is impossible, the manufacturer is not obliged to repair and may offer a refurbished good.
F944 Manufacturers must not refuse to repair goods covered by the Right to Repair Directive solely because a previous repair was performed by another repairer.
F945 Manufacturers must not use contractual clauses, hardware or software techniques that impede repair unless justified by legitimate and objective factors.
F946 Manufacturers must offer spare parts and tools at a reasonable price and publish indicative repair prices on a free-access website.
F947 A repairer may give the consumer a free European Repair Information Form whose repair conditions cannot be changed for 30 calendar days.
F948 Under Directive (EU) 2019/770 the consumer has a legal guarantee for digital content and digital services, including when the consumer pays with personal data instead of money.
F949 For a single act of supply of digital content or a digital service, the trader is liable for a lack of conformity that becomes apparent within the period set by national law, which may not be shorter than 2 years.
F950 For continuous supply of digital content or a digital service, the trader is liable for a lack of conformity that becomes apparent during the whole contract period.
F951 If the trader does not bring the digital content or service into conformity within a reasonable time, free of charge and without significant inconvenience, the consumer may request a proportionate price reduction or terminate the contract.
F952 When the consumer has provided personal data instead of paying a price, the consumer may terminate the contract for a lack of conformity of digital content or a digital service even if the lack of conformity is minor.
F953 After the consumer terminates a contract for digital content or a digital service, the trader must reimburse the consumer without undue delay and in any event within 14 days.
F954 If the trader modifies digital content or a digital service in a way that has more than a minor negative impact on the consumer's access or use, the consumer may terminate the contract free of charge within 30 days of the modification or of being informed of it.
F955 Regulation (EC) No 261/2004 applies to passengers departing from an airport in the EU, whatever the airline, and to passengers flying from a non-EU country to an EU airport on an EU airline, unless they received benefits or compensation in that non-EU country.
F956 EU air passenger rules also apply to flights to and from Iceland, Norway and Switzerland.
F957 The obligations under Regulation (EC) No 261/2004 are borne by the operating air carrier, which is the airline that actually operates the flight.
F958 Passengers' rights under Regulation (EC) No 261/2004 cannot be limited or waived by a restrictive clause in the contract of carriage.
F959 Compensation under Regulation (EC) No 261/2004 is EUR 250 for flights of 1 500 km or less.
F960 Compensation under Regulation (EC) No 261/2004 is EUR 400 for intra-EU flights of more than 1 500 km and for all other flights between 1 500 km and 3 500 km.
F961 Compensation under Regulation (EC) No 261/2004 is EUR 600 for all other flights, meaning non-intra-EU flights of more than 3 500 km.
F962 The flight distance for compensation under Regulation (EC) No 261/2004 is measured by the great circle route to the final destination.
F963 Compensation under Regulation (EC) No 261/2004 may be reduced by 50% if the passenger is re-routed and arrives within 2 hours, 3 hours or 4 hours of the scheduled arrival, depending on the distance band.
F964 Passengers whose flight arrives at the final destination 3 hours or more late are entitled to compensation, as for a cancellation, unless the delay was caused by extraordinary circumstances.
F965 For flights of more than 3 500 km between the EU and a non-EU country, compensation for an arrival delay of at least 3 but less than 4 hours is EUR 300, and EUR 600 for 4 hours or more.
F966 For missed connections booked on a single reservation, compensation is due if the passenger reaches the final destination more than 3 hours late.
F967 No compensation is due when the connection was missed because of delays at security checks or because the passenger did not respect the boarding time.
F968 The airline does not have to pay compensation if it proves that the cancellation or delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.
F969 Examples of extraordinary circumstances are air traffic management decisions, political instability, adverse weather conditions and security risks.
F970 Most technical problems found during maintenance or caused by failure to maintain an aircraft are not extraordinary circumstances.
F971 Strikes by the airline's own staff are not extraordinary circumstances, whereas strikes external to the airline may be.
F972 The airline must prove the extraordinary circumstances, for example with extracts from logbooks or incident reports.
F973 If a flight is cancelled, the passenger is entitled to compensation unless informed of the cancellation at least 14 days before the scheduled departure.
F974 No compensation is due if the passenger was informed between 14 and 7 days before departure and offered re-routing departing no more than 2 hours earlier and arriving less than 4 hours later than scheduled.
F975 No compensation is due if the passenger was informed less than 7 days before departure and offered re-routing departing no more than 1 hour earlier and arriving less than 2 hours later than scheduled.
F976 The airline must prove if and when the passenger was informed of the cancellation.
F977 In case of cancellation or denied boarding the airline must offer the passenger a choice between reimbursement of the ticket within 7 days, re-routing to the final destination at the earliest opportunity, or re-routing at a later date at the passenger's convenience.
F978 If a flight is delayed by at least 5 hours at departure, the passenger may choose to have the ticket reimbursed within 7 days and, when relevant, a return flight to the first point of departure.
F979 Compensation under Regulation (EC) No 261/2004 is paid in cash, by bank transfer, bank order or cheque, or, only with the passenger's signed agreement, in travel vouchers.
F980 When a flight is delayed at departure, the airline must provide free meals and refreshments in relation to the waiting time and 2 free telephone calls, emails or faxes.
F981 Meals, refreshments and calls are due from a delay of 2 hours for flights of 1 500 km or less, 3 hours for intra-EU flights over 1 500 km and other flights between 1 500 and 3 500 km, and 4 hours for all other flights.
F982 If the new departure is at least the day after the scheduled departure, the airline must provide hotel accommodation and transport between the airport and the accommodation.
F983 Passengers are entitled to the same free meals, refreshments, calls and accommodation after a flight cancellation or denied boarding.
F984 An airline that did not provide assistance must reimburse the passenger's necessary, reasonable and appropriate expenses, so receipts should be kept.
F985 Passengers who are denied boarding against their will, for example because of overbooking, are entitled to compensation of EUR 250, 400 or 600 depending on distance, a choice of reimbursement or re-routing, and assistance.
F986 Before denying boarding, the airline must first call for volunteers to give up their seats in exchange for agreed benefits.
F987 If a passenger is downgraded, the airline must reimburse 30% of the ticket price for flights of 1 500 km or less, 50% for intra-EU flights over 1 500 km and other flights between 1 500 and 3 500 km, and 75% for all other flights, within 7 days.
F988 If a passenger is upgraded, the airline may not ask for any additional payment.
F989 If checked-in luggage is lost, damaged or delayed, the airline is liable up to approximately EUR 1 300.
F990 A claim for lost or damaged luggage should be made in writing to the airline within 7 days, and for delayed luggage within 21 days of receiving it.
F991 A passenger may, for a fee, declare a higher value in advance and at the latest at check-in to raise the airline's liability limit.
F992 An air passenger should first send a complaint to the airline, using the airline's complaint form.
F993 If the airline does not reply within 2 months or the reply is unsatisfactory, the passenger may complain to the national enforcement body of the country where the incident took place.
F994 An air passenger may also use alternative dispute resolution, or bring a claim under the European Small Claims procedure at the court of the place of departure or arrival.
F995 The time limits for court action against an airline are set by the national limitation rules of each EU country.
F996 If a consumer has a problem with cancelling a contract or getting a repair or refund from a trader in another EU country, the European Consumer Centre in the consumer's own country can help.
F997 The European Consumer Centres also advise on air passenger rights complaints.
F998 The revision of Regulation (EC) No 261/2004 was agreed by the Conciliation Committee of the European Parliament and the Council on 15 June 2026 and approved by the European Parliament on 7 July 2026.
F999 As of 26 September 2026 the revised air passenger rights regulation has not been published in the Official Journal and is not yet in force, so Regulation (EC) No 261/2004 as interpreted by the Court of Justice still applies.
F1000 The agreed revision of Regulation (EC) No 261/2004 keeps the 3-hour delay threshold for compensation, with amounts from EUR 300 to EUR 600 depending on distance.
F1001 The agreed revision of Regulation (EC) No 261/2004 also sets a one-year deadline for claims, a defined list of extraordinary circumstances, voucher refunds only with the passenger's consent, and a ban on no-show clauses.
F1002 Under Article 13(8) of Directive 2011/83/EU, in the event of withdrawal from the contract the trader may prevent any further use of the digital content or digital service by the consumer, in particular by making it inaccessible to the consumer or disabling the consumer's user account.
F1003 Under Article 16(5) of Directive (EU) 2019/770, after termination of the contract the trader may prevent any further use of the digital content or digital service by the consumer, in particular by making it inaccessible to the consumer or disabling the consumer's user account.
F1004 Under Article 6 of Directive (EU) 2019/771 on subjective requirements for conformity In order to conform with the sales contract, the goods shall, in particular, where applicable: be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the sales contract; be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the sales contract, and in respect of which the seller has given acceptance; be delivered with all accessories and instructions, including on installation, as stipulated by the sales contract; and be supplied with updates as stipulated by the sales contract.
F1005 Under Article 7 of Directive (EU) 2019/770 on subjective requirements for conformity In order to conform with the contract, the digital content or digital service shall, in particular, where applicable: be of the description, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the contract; be fit for any particular purpose for which the consumer requires it and which the consumer made known to the trader at the latest at the time of the conclusion of the contract, and in respect of which the trader has given acceptance; be supplied with all accessories, instructions, including on installation, and customer assistance as required by the contract; and be updated as stipulated by the contract.
F1006 Under Article 15 of Directive (EU) 2019/770, the consumer exercises the right to terminate a contract for digital content or a digital service by a statement to the trader expressing the decision to terminate the contract.
F1007 Under Article 16 of Directive (EU) 2019/771, the consumer exercises the right to terminate a sales contract by a statement to the seller expressing the decision to terminate the sales contract.
F1008 As of 26 September 2026, compensation for long flight delays under Regulation (EC) No 261/2004 is EUR 250, EUR 400 or EUR 600 according to flight distance.
F1009 Under the joint text agreed in conciliation, which is not yet in force, compensation for long delay would range from EUR 300 to EUR 600 according to flight distance.
F1010 The lowest compensation for a long flight delay is EUR 250 under Regulation (EC) No 261/2004 and would be EUR 300 under the joint text agreed in conciliation.
F1011 The highest compensation for a long flight delay is EUR 600 both under Regulation (EC) No 261/2004 and under the joint text agreed in conciliation.
F1012 Source: European Parliament, Legislative Train Schedule, "Revision of regulation 261/2004 on air passenger rights and of regulation 2027/97 on air carrier liability", https://www.europarl.europa.eu/legislative-train/spotlight-JD22/file-common-rules-on-compensation-to-passengers Retrieved: 2026-09-26
F1013 Status of the revision of the EU air passenger rights Regulation (EC) No 261/2004 (as of 26 September 2026)
F1014 The European Commission proposed in 2013 to revise Regulation (EC) No 261/2004 on air passenger rights together with Regulation (EC) No 2027/97 on air carrier liability.
F1015 The Council of the EU adopted its position at first reading on 5 June 2025.
F1016 The European Parliament held its second reading on 21 January 2026.
F1017 The Conciliation Committee of the European Parliament and the Council reached agreement on a joint text on 15 June 2026.
F1018 The European Parliament gave its final approval to the joint text on 7 July 2026.
F1019 As of 26 September 2026 the revised regulation has not been published in the Official Journal of the European Union and has not entered into force.
F1020 Until the revised regulation applies, air passenger rights in the EU continue to be governed by Regulation (EC) No 261/2004 as interpreted by the Court of Justice of the European Union.
F1021 Content of the joint text agreed in conciliation (not yet in force): The general three-hour delay threshold for compensation is kept; the Council's proposal to raise the threshold was not retained.
F1022 Compensation for long delay ranges from 300 euro to 600 euro according to the flight distance.
F1023 The joint text contains a defined list of extraordinary circumstances that exempt the air carrier from paying compensation.
F1024 The joint text strengthens the passengers' rights to re-routing and the rights in case of a missed connection.
F1025 Under the joint text, reimbursement in vouchers requires the passenger's consent, and an unused voucher must be reimbursed.
F1026 Parliament's proposals on free hand luggage were only partly retained in the joint text.
F1027 The joint text gives passengers a choice between paper and digital boarding passes.
F1028 The joint text sets a one-year deadline for passengers to submit claims.
F1029 The joint text bans "no-show" clauses.
F1030 Source: Your Europe (official EU portal), 'Returns' page, https://europa.eu/youreurope/citizens/consumers/shopping/returns/index_en.htm (last checked by the EU on 28/04/2026).
F1031 Returns Right of withdrawal: a 14-day cooling-off period If you buy a product or service online, by phone or from a seller at your doorstep (in legal terms a “distance contract” or “off-premises contract”) you have the right to withdraw.
F1032 This means you can cancel the contract within 14 days without providing any justification (the "cooling-off period").
F1033 For goods this means 14 days from the date of delivery, for services 14 days after the day the contract was agreed.
F1034 If the cooling-off period expires on a non-working day, your deadline is extended until the next working day.
F1035 Some EU countries give you 30 days to cancel a contract concluded during unsolicited doorstep selling or commercial excursions.
F1036 Cost of returning goods within the cooling-off period If you decide to return the product within the 14-day cooling period, you are responsible for the costs of postage and packaging.
F1037 The only exceptions: if the seller offers to pay, or if the seller fails to inform you about those costs before you buy.
F1038 You should always be informed about the conditions before you buy.
F1039 Exceptions Please note: the 14-day cooling-off period does not apply to: plane and train tickets, as well as concert tickets, hotel bookings, car rental reservations and catering services for specific dates perishable goods that expire rapidly, such as food or drinks with a short “use by” date goods made to order or clearly personalised – such as a tailor-made suit goods or services with fluctuating prices following global markets, such as household heating fuel fully delivered services, such as cleaning a terrace, if you expressly agreed to start immediately acknowledging you would lose the right of withdrawal sealed audio, video or computer software, such as DVDs, that you have unsealed online digital content, such as a song or movie, that you started downloading or streaming after you expressly agreed to lose your right of withdrawal by starting the performance urgent repairs and maintenance contracts, such as inviting a plumber to repair a leaking shower Warning In some EU countries you keep the right of withdrawal for some of these goods and services if they are bought during unsolicited doorstep selling or commercial excursions.
F1040 Goods bought from a private individual are not covered by the right of withdrawal.
F1041 So, pay special attention to the status of the seller (professional or private) when shopping on online marketplaces.
F1042 Cost of returning defective goods The cost of returning a defective product is the responsibility of the trader.
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