Thursday, March 28, 2019 - 11:50
Update 28/3/19 14:50 - WOW AIR has filed for bankruptcy. We will provide information about the currator and where consumers can file their claims as soon as it will be made public.
This morning the Icelandic airline WOW AIR sent out a press release that the company has ceased operations. All flights today with WOW AIR has been cancelled.
See the press release here
Friday, December 21, 2018 - 15:04
Opnunartími skrifstofu ECC verður sem hér segir yfir hátíðirnar:
Friday, September 7, 2018 - 12:49
ECC-Iceland, and our host The Consumers´ Association, are attending Lýsa - an event in Akureyri. We will be introducing the ECC-Net, providing consumers with information about various consumer rights and giving away various gadgets from the ECC-Net.
We hope to see you there!
Yes, when you buy a product on-line from a trader within the EEA you have 14 days after receipt of the good or service to make a final decision whether or not to keep it, you don´t have to give the trader any specific reason for changing your mind, but you need to notify him of your decision within the time limit. You are entitled to a refund of the entire amount but you will have to pay for the cost of returning the item yourself. However keep in mind that this rule does not apply to internet auctions or to transport, accommodation, catering or leisure services bookings. Furthermore it does not apply to dvds, cds, software etc. if the seal has been broken, or if a product has been specially made to fit your specific needs.
E-mail scams are sadly very common and can also be very genuine-looking and persuasive, if you get an e-mail informing you of a huge lottery win – and you didn‘t even buy a ticket – please do nothing. There is no such thing as a free lunch and why would you win without buying a ticket? And why would an African prince or general chose you (and only and precisely you) to assist him getting millions out of the country? There are many variations to this scam theme, but if something is too good to believe – then don‘t believe it! These e-mails are scams, usually you first need to give a lot of personal information. Then you get another e-mail telling you there has been some hitch in transferring the money to you, so you just need to pay a little money, in order to facilitate the bank transfer, bribe officials etc. Sadly you end up losing a lot of money and somehow the big win never quite reaches you!
You can complain about defects in goods within a period of two years counting from the time of receipt of the goods. Within this period you have the right to demand repair, a new product etcetera if an item is faulty. This is the minimum time limit throughout the EEA, so traders are forbidden to shorten it by putting special statements in their terms and conditions. However in Iceland there is a special additional rule stating that sometimes (when a product is expected to last longer, for example cars, washing machines, refrigerators) the consumer has five years from delivery to complain about a defect. However, consumers must contact the trader as soon as possible after they notice the defect and state their claims; otherwise they might lose their rights.
As the consumer should not bear any cost due to a faulty item this is the trader‘s responsibility. However if the trader is nearby (in the same city or area) and the consumer can deliver the product without much inconvenience he should do so. Even though it is the trader in cross-border purchases who should pay the shipping costs in connection with the complaint you cannot just send the goods for repair COD or by similar means. You must pay the shipping costs yourself first and then claim a refund from the trader. Therefore, it is important that you keep receipts of your expenses. If the seller denies the existence of a defect and therefore refuses to pay the shipping costs you must first prove that the product is defective. If the item is not faulty the consumer must bear the cost.
A statement of guarantee is a voluntary obligation which a professional trader may undergo when selling you a product. According to law, the guarantee must exceed the rights you already have under legislation, this means a trader can not give you a guarantee which only gives you rights you already have by law. You for example always have the right to complain about a faulty product for two years after you receive it. A guarantee does not replace the right of complaint but runs parallel with it. In case a defect is not covered by the guarantee, it may well be covered by the right of complaint, and you can therefore contact the seller. The right to complain is a legal right giving you as a consumer a number of rights towards the seller if there is something wrong with a product you have bought. This is for example the right to have the product repaired, to receive a new product, or to get a refund when the defect is substantial. Your right of complaint cannot be taken away from you even if an agreement has been made to such effect. A guarantee should therefore contain something "extra“.
If your luggage isn´t at the airport when you are, that is does not arrive after your flight, you must complete, while still at the airport, a special form available from the airline, stating the non-arrival of your luggage so that the airline has a record of your complaint. You should also keep a copy for yourself. If the luggage then arrives within three weeks of your arrival, that is it is delayed (but not lost), you should write to the airline within 21 days, seeking compensation for the delay. If your luggage does not arrive within the 21-day time limit it is considered „lost“, and the same applies should you get a notification from the airline informing you that you luggage is lost. In such cases the same applies, that is you should have announced the non-arrival of your luggage while still at the airport, and then you need to make a written claim to the airline.
If your luggage however arrives but is damaged you need to inform the airline of this fact while still at the airport (therefore it is very important to check your luggage before leaving the airport). After that you only have seven days to make a written claim to the airline seeking compensation.
The maximum amount of compensation (ca. €1,080, the same in all the above cases) is not automatically payable as it is for the consumer to prove the extent of the loss, which can be difficult. Airlines vary in how they calculate compensation within this limit. Should you need to buy some necessities because of the loss or delay of your luggage you should in any case take care to keep all your receipts as the amount of the compensation might depend on that, although many airlines only pay a fixed amount per day due to the delay of luggage.
In such cases you do not have a right of withdrawal and therefore you cannot cancel your purchase. This is an exception to the law on distance selling. This means that you can no longer reverse the order and the trader does not have to refund you if you cancel, and so you might have to pay for the whole stay. However, when you book a hotel room you should read about the trader‘s cancellation policy. In some cases the whole stay is charged if you don‘t show up, in other cases you can cancel with as little as one day notice without any charges. Always read the terms and conditions of sale very thoroughly to find out about the cancellation policy. If you are in any doubt as to whether you can go on the trip it might be better to book a hotel room you can cancel without any cost, even if the price of a hotel room with such conditions might be a bit higher.
Special law applies to package holidays. Under the Icelandic law on package holidays (this law is an implementation of a European directive so similar rules apply throughout Europe) a package holiday is a combination of two or more components that are pre-arranged and sold to you by a travel agent or tour operator and will last for a period of more than 24 hours or over-night accommodation is included. A package can be made up of transport, accommodation or other tourist services (e.g. guided tours, rented car, tickets to events), but in order to be a package tour at least two of those components need to be included. It doesn’t matter if you are asked to pay separately for different components of the package - it is still a “package”.
The trader is responsible for the delivery. If there are problems with the delivery of a product the trader himself should contact the post office and prove that the delivery was actually made at the post office. If he is unable to provide such proof, then he must send you the product again or refund you.
If you buy something on-line from a private individual you have no right of withdrawal (returning an item without any specific reason as you can do when buying on-line from a professional trader) as the law on distance selling does not apply. Furthermore the rules are different from those that apply if you buy from a professional seller, and you probably have less right even if the item is faulty than if you had bought it from a professional trader. If a problem occurs, you need to look at the information you received before you bought the product, if the delivered item does not correspond to the seller’s description then you should return the item and ask for a refund. Be sure to know what your rights are before buying from an individual, rules about the right to complain and redress when a product is faulty can vary from country to country when the trader is an individual. In short, when the trader is a private individual and not a professional you lose your "consumer" status, and the rights that go with it.
