Competition Law in Tourism

THE ESSENTIALITY OF A LARGE HAND LUGGAGE 361 3. THE DISTINCTIVE FEATURES OF LOW-COST AIRLINES Since the end of the 20th century, low-cost transport has become increasingly popular in the air transport market. In the United States, this phenomenon took off thanks to the Airline Deregulation Act7, which opened the market to private operators. In Europe, the practice began in 1993 with the entry of “third package aviation”, which allowed any air carrier with a Community operating license to access, from April 1997, the intra-Community market without incurring restrictions of any kind, including extra tariffs8. The first company that took advantage of the new regulatory structure was Ryanair, which succeeded in penetrating the market according to the model of the American airline companies, operating for some time9. Over the decades, the main structure that has characterised the business model of low-cost companies is the progressive reduction of any “accessory” service for the traveller, in order to make the price of the flights more affordable than those of competing airlines. The reduction in flight prices, determined by the cancellation of all the eliminable services, was well received by the market because, in the face of big cost savings, but with presumable constant margins for the carriers, a decisive economic advantage is paid to the consumer, who is often insensitive to such onerous “frills”. The actions undertaken by low-cost carriers include commercial disintermediation10; reduction of the turnaround, which is the time between 7 Airline Deregulation Act, Pub.L. 95–504, 49 U.S.C. §§ 1371 et seq. Approved 24 October 1978. 8 Regulation (EEC) No. 2407/92 of 23 July 1992 on the issue of licenses to air carriers (OJ L 240, 24/08/1992, p. 1); Regulation (EEC) 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (OJ L 240, 24/08/1992, p. 8); and Regulation (EEC) No. 2409/92 of the Council of 23 July 1992 on air fares for passenger and freight transport (OJ L 240, 24.8.1992, p. 15). 9 See S. Creaton, Ryanair, il prezzo del low-cost (Ryanair, the low-cost price), Milan, 2008; L. Orsini, Volare low-cost. La rivoluzione del trasporto aereo (Flying low-cost. The air transport revolution), Milan, 2008; F. Rossi Dal Pozzo, Servizi di trasporto aereo e diritti dei singoli nella disciplina comunitaria (Air transport services and individual rights in the Community legislation), Milan, 2008. 10 With regard to mass air contracts purchased on the web or in the agency and the consequent potential risks for the consumer see: A. Lodi, L’acquisto del biglietto aereo on-line come “contratto di massa” ai fini dell’applicabilità delle sentenze del Giudice di Pace (The purchase of air tickets online as a “mass contract” for the purposes of the applicability of the judgments of the Justice of the Peace), in comment on Cass. Civ 10 luglio 2013, No. 17080, in Riv. It. Dir. Tur., 2014, 11, p. 165; G. Chinè, La contrattazione standardizzata (Standardised contracting), in Trattato di diritto privato (Private Law Treaty), directed by M. Bessone, Il contratto in generale (The contract in general), II, Tourin, 2000, p. 498; E Roppo, Contratti standard, autonomia e controlli nella disciplina delle attività negoziali di impresa (Standard contracts, autonomy and controls in the discipline of business negotiation activities), Milan, 1975, 3; V. Zeno-Zencovich, Le nuove condizioni generali di contratto nel trasporto aereo (The new general contract conditions for air transport), in Dir. Tur., 2006, p. 116; De Nova, Le condizioni generali di contratto (The general conditions of contract), in Trattato (Treaty) Rescigno, X, Obbligazioni e contratti (Obligations and contracts), t. II, Tourin, 1997, p. 127.

RkJQdWJsaXNoZXIy MTE4NzM5Nw==