Transcript unfair practices Fichier

Unfair
commercial
practice in
tourism sector
Sara Landini
Marketing
 Marketing
involves activities of:
 - Market planning
 - Market research that is the planned and
systematic collection and analysis of data
designed to help the management
organization to take decisions
 - Determining product policy
 - Pricing the product t
 - Designing marketing communications.
Marketing
 Marketing
communication is a significant part of
the relationship between tourism companies (hotel,
travel agencies, tour operators etc.) and consumers.
AIDA- Formula

A - Attention (Awareness): attract the attention of the customer.

I - Interest: raise customer interest by focusing on and
demonstrating advantages and benefits (instead of focusing on
features, as in traditional advertising).

D - Desire: convince customers that they want and desire the
product or service and that it will satisfy their needs.

A - Action: lead customers towards taking action and/or
purchasing
Wrongful Advertising

If conditions of fairness are met, this form of advertising will
help demonstrate objectively the merits of the various
comparable products.

On the contrary, misleading and unlawful comparative
advertising can lead to distortion of competition within the
internal market. Advertising is considered misleading when it
deceives or is likely to deceive the persons to whom it is
addressed or whom it reaches and by reason of its deceptive
nature, is likely to affect their economic behaviour and/or, for
those reasons, injures or is likely to injure a competitor
Wrongful Advertising
 Most
recently, there is the Directive 2006/114/EC
of the European Parliament and of the Council of
December 12 2006 concerning misleading and
comparative advertising (O J L 376, 27/12/2006 P.
0021 – 0027).
Wrongful Advertising

According to article 3 of this Directive, in determining whether advertising is
misleading, shall be taken into account all its features, and in particular any
information concerning:

“(a) the characteristics of goods or services, such as their availability, nature,
execution, composition, method and date of manufacture or provision, fitness for
purpose, uses, quantity, specification, geographical or commercial origin or the
results to be expected from their use, or the results and material features of tests
or checks carried out on the goods or services;

(b) the price or the manner in which the price is calculated, and the conditions on
which the goods are supplied or the services provided;

(c) the nature, attributes and rights of the advertiser, such as his identity and
assets, his qualifications and ownership of industrial, commercial or intellectual
property rights or his awards and distinctions.”
Wrongful advertising

According to article 5 EU Dir. 2005/29/EC “A commercial
practice shall be unfair if: (a) it is contrary to the
requirements of professional diligence, and (b) it materially
distorts or is likely to materially distort the economic
behavior with regard to the product of the average consumer
whom it reaches or to whom it is addressed, or of the average
member of the group when a commercial practice is directed
to a particular group of consumers.”