Intro The European Consumer Centre in Ireland provides information and advice on European consumer legislation. We are part of a network of 30 centres across Europe, working together to resolve cross border consumer complaints in an amicable manner. The network is jointly funded by the European Commission and national authorities, which in Ireland is the National Consumer Agency. In 2012, we secured refunds totalling over €112,000 for consumers in Ireland. In 2013, we were contacted by nearly 4,000 consumers, responded to over 1,000 requests for information, and provided legal advice to 2,910 consumers. Topics Air Travel Consumers are protected by an EU law when they travel by air, rail, and sea. Regulation 261/2004 on air passenger rights, for example, obliges airlines to provide care and assistance to passengers where their flight is cancelled, delayed, or where they are denied boarding. Passengers must be informed of their rights, offered rerouting, and provided with vouchers for meals and refreshments. In cases where an overnight stay becomes necessary, hotel accommodation must also be provided. In certain circumstances, passengers may be entitled to additional compensation of up to €600 from the airline. The airline is not obliged to pay this, however, where it can prove that the delay or cancellation was due to “extraordinary circumstances.” o More detailed information is available here. Online shopping/purchase of goods and services EU legislation is in place to guarantee consumer rights when they shop cross-border or buy online within the EU. As an example, the Distance Selling Directive (97/7/EC) provides for a “cooling-off” period of one week, whereby a consumer can withdraw from an online order within 7 working days of receiving the goods. In this situation, the consumer does not need to provide a reason for cancelling the contract, but he or she must bear the cost of returning the item to the seller. In addition, the Consumer Sales Directive provides that items must be in conformity with the order. This essentially means that goods must be as described and fit for their ordinary purpose. Where an item is faulty or does not match the description given by the seller, the seller is liable to the consumer. Sellers must repair or replace the item as soon as possible, and if the repair or replacement proves unsatisfactory, the consumer is entitled to rescind the contract and seek a refund within 30 days. o More detailed information is available here. Scams We also provide information to consumers on how to recognise and avoid scams. Although scams are considered to be a criminal matter and should be reported to police, there are a number of basic steps consumers can take to minimise their chances of being caught out by one. For instance, consumers should always pay by a secure method, such as a credit card. This means that if the transaction turns out to be fraudulent, the credit card company may be able to provide assistance by way of a chargeback. We strongly encourage consumers not to send money by bank or money transfer as this is untraceable and often cannot be recovered. We also advise consumers to thoroughly research traders before placing an order online – they should check that full contact details, including a postal address, are provided on the trader’s website as this is a legal obligation. An internet search for the trader may also turn up product or service reviews which may alert consumers to any foul play. Increasing awareness of smartphone fraud: Mobile fraud is an increasingly common problem for consumers. Recent research gathered by our network indicates that smartphone users are 33% more likely than the general public to fall victim to identity fraud. Phones tend to be less secure than regular computers and thus, users should be extremely vigilant against threats to their personal data. We strongly advise consumers to avoid logging onto sites requiring personal information (e.g. mobile banking apps) on a public WiFi network and never to click on unfamiliar links in text messages or e-mails, as these could contain malware. If a consumer is concerned that their phone has downloaded suspicious apps, they should back up their personal info and do a factory reset on the phone, and contact their service provider. o More detailed information is available here. Case Studies 1. Air Travel An Irish consumer contacted ECC Ireland for assistance after her 16-year-old daughter was refused boarding for a flight with a Spanish airline. She was booked onto a flight for the next day but was not given any accommodation, meals, or telephone calls. The airline would only offer flight vouchers as compensation but gave no indication of their value. ECC Ireland shared the case with ECC Spain, who contacted the airline and pointed out their obligations under the Air Passenger Rights Regulation. The airline accordingly issued the consumer with €250 compensation. 2. Shopping online/Buying Goods and Services An Irish consumer purchased two memory sticks from a UK-based trader via the internet. On receipt of the goods however, the consumer discovered that they only had 8GB of storage, not the 32GB of storage advertised. The USB sticks were returned for a full refund, as instructed by the trader. However, after a few weeks, no refund had been issued. The consumer accordingly contacted ECC Ireland and the case was shared with ECC UK. The latter contacted the trader and a full refund was secured for the consumer. 3. Scams A consumer signed up to a purportedly free trial for skincare products after seeing a pop-up ad online. The trial required her to pay a certain amount for postage but did not mention any further charges. However, the items did not arrive within the free trial period and the consumer subsequently noticed that a large sum of money had been taken from her credit card. She contacted ECC Ireland and was advised that this was likely a free trial scam whereby companies inadvertently sign consumers up to subscription services. The consumer was advised to write to the trader and cancel the contract immediately; then contact her credit card company for further assistance. Assistance If a consumer would like advice or assistance from our network, they may contact the ECC office in their country of residence. We have centres in all 28 Member States of the EU as well as Norway and Iceland. Cases are shared from the consumer ECC to the ECC in the country where the trader is based. Remember that we only deal with cross-border consumer complaints, so if a consumer has a problem with a trader based in their own country of residence they should contact national consumer authorities. In Ireland, this is the National Consumer Agency. Consumers in Ireland can contact our office on (+353) (0)1 8797 620 or consult our website at www.eccireland.ie. Contact details for ECC-Net across Europe are also available on the website.