276 COMPETITION LAW IN TOURISM consists in the failure to supply the service to many consumers, forced to look for more or less uncomfortable alternatives and to make choices they would not have made otherwise”50. In fact, although it occurs after the purchase of the ticket, the initiative falls under the scope of Art. 19 of the Consumer Code. The airline knew of the necessary pilots’ leave a year prior in 2016, but did not act on that information, causing negative consequences to many passengers that could have been prevented. The manner in which travellers are informed of their rights, in particular when pecuniary compensation is concerned in the event the carrier does not offer a replacement flight, has also been the subject of discussion. Online communication, able to reach an unspecified number of users, and personal communication, via text messages or e-mail, has provided unclear and incomplete information, misleading consumers in that they have no way of understanding if they were entitled to compensation. In fact, many customers felt that their options did not include any compensation for damage suffered. The Competition Authority has a convincing argument connected to an element, subjected to the control of the employer and falling under its jurisdiction. In other words, employees exercising their right to leave, and even the Irish authority gave airlines a year’s notice, which is in advance and could have allowed the execution of the flights or in any case, the mitigation of the inefficiencies, which points out the structural and repeated nature of these phenomena that aren’t due to occasional circumstances, but to a general lack of business planning. For this reason, it’s relevant to identify unfair practices51 as they include omissive choices performed by management, for example, the pilots’ failure to schedule their leave. In regard to the drafting of messages sent to passengers, the Competition Authority reached reasonable conclusions that they were incomplete and complex and made it difficult to understand the regulations. Moreover, detailed information is required, precisely because of the need to help people in potentially difficult situations; therefore, specific and direct information becomes mandatory. This event caused public outcry and is considerably important because the repressive measures have been adopted for two related issues, which are: 1. a lack of planning in regard to flight staff holidays, causing harm to travellers, and 2. inadequate information about traveller rights, aimed at instrumentally 50 Such is the text of the action taken by the Italian Competition Authority on 29 May 2018, no. 27191, cit. 51 See Camardi, Pratiche commerciali scorrette e invalidità, loc. cit. 498 and following; Paglietti, La tutela civile dei diritti dei consumatori, cit., 102 and following.
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