In booking situations where the trader invites the traveller to purchase additional travel services, an invitation should be understood as any situation where the trader encourages or prompts the traveller to book an additional type of travel service for the envisaged trip or holiday. That may include, for example, an email containing a link to a booking facility, a prompt integrated in the booking process or a phone call. In such cases, the trader typically provides the traveller with a selection of offers based on the traveller’s interest in a particular destination and travel period. Where such offers are made in the form of an invitation to purchase, as defined in Directive 2005/29/EC of the European Parliament and of the Council, namely in the form of a commercial communication which indicates the characteristics of the product or service and its price, that should be seen as a strong indication of an invitation. Such invitations to purchase include instances where a trader asks the traveller to acknowledge an interest in additional types of travel service for the same trip or holiday, in order to provide offers for those travel services in the form of an invitation to purchase, as defined in Directive 2005/29/EC, directly with or after the confirmation of the first booking. On the other hand, the mere availability of booking facilities for other travel services on a trader’s website or application or at its business premises, a general reference to such booking facilities, or advertising of travel services triggered by metadata from earlier searches for travel services should not be considered sufficient to constitute an invitation to purchase additional travel services.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
