EU Online Dispute Resolution

Not_Grumpy_Anymore

I have been receiving the same fob off from Emirates as many others, and was wondering if the EU Online Dispute Resolution process is worth a try?

NGA

David_e

Not_Grumpy_Anymore wrote: »

I have been receiving the same fob off from Emirates as many others, and was wondering if the EU Online Dispute Resolution process is worth a try?

NGA

If you are referring to a claim under EU Regulation 261/2004, I'd assume not. Either you have a case you can pursue through the UK courts or you don't in which case I would assume Emirates will be unlikely to offer you anything.

Not_Grumpy_Anymore

Thank you for that response.

The reason I asked the question was the comments below I noted on an Emirates flyer I recently received, and hadn't noticed it before.

In the event of any dispute with regard to your booking with us, if you're a consumer within the European Union and you purchased a ticket online, you may request the resolution of such dispute through the European Online Dispute Resolution Platform that has been put in place by the European Commission (ODR Platform). For more information, you can visit the ODR Platform's website (wont let me post the link but google EU Online Dispute Resolution) . Our email address for the purposes of the ODR Platform is adr@emirates.com

Is this something new, and would it be worth trying?

NGA

The_Resolver

This relates to a new European consumer law that is targeted at improving access to justice and confidence and trust in the Single Market yet its a big secret that very few appear to know about. Surprised if MSE not covered it as yet.

There are 2 connected pieces of 2015 EU legislation, the EU Directive on Alternative Dispute Resolution for Consumer Disputes and the EU Regulation on Online Dispute Resolution in Consumer Disputes

The Directive has been enacted into UK law by The Alternative Dispute Resolution of Consumer Disputes (Competent Authorities and Information) Regulations 2015. The EU Regulation on Online Dispute Resolution became part of UK law automatically on being passed by the European Parliament.

This law requires, firstly, those selling goods or services to direct consumers with whom it has not resolved a dispute to an Alternative Dispute Resolution service operating online (i.e an ODR service) which has been approved (in the UK) by the Chartered Institute for Trading Standards. For traders who sell online they must also include on their website a hyperlink to an EU ODR platform that will direct consumer to an approved ADR provide in their country.

The big problem with this legislation is that the European Parliament buckled under pressure from the retail industry to make participation in the ODR process not obligatory , i.e. they have to refer but do not have to participate. I addressed my criticism in a published paper This expressed concerns of potential failure. As anew user I cannot post link but see my blog at my site at themediationroom dot com - look for blog entitled 'The Unintended Consequence of the New EU Law on ADR/ODR.

Last week I presented evidence before both the Westminster Legal Policy Forum and the 15th International Forum on ODR of widespread breaches of this law by many big High St names who ought to know better. I also presented evidence that Trading Standards were approving ADR providers who breached the standards by which TS were to adjudge i.e. to resolve any case online. See my blog naming names - its the first one on the blog at themediationroom dot com entitled "Major Companies Breaching New Consumer Law"

The_Resolver

Just written article (can't post link but if you search 'Internet Newsletter For Lawyers you will find it at foot of first page) on the problems with the EU's ODR rules so far (and how major High St names are breaching them) and , at the end of the article,I cover the mess once we exit.

richardw

The_Resolver wrote: »

Just written article (can't post link but if you search 'Internet Newsletter For Lawyers you will find it at foot of first page) ....

Here's the link http://www.infolaw.co.uk/newsletter/2016/07/new-adr-regulations-blatantly-ignored/

howticklediam

I used ODR for a dispute with a Dutch retailer. Total waste of time. It's automated, at least at first, they just send them an email. The retailer did not respond so this was the outcome:


You did not find an agreement on which dispute resolution body to use within 30 calendar days.
Your complaint with the reference 2016/xxxxx has been automatically closed by the site.