Within the framework of Article 23 EC Regulation 1008/2008, the European legislator created a new set of provisions on pricing in the airline sector, which had become one of the main legal aspects for website selling practices of airlines and online travel agencies on the common market. The author analyses the wording of Article 23, first paragraph, explaining main requirements such as: (1) the final price indication; (2) breakdown of the price; and (3) optional price supplements. A further distinction is to be made between mandatory, optional, and variable price components: as variable price components (such as the service charge) may change during the booking process, depending on various data to be typed in by the customer, it shall be sufficient to indicate the final, all-inclusive price before payment at the end of the booking process, in accordance with the rulings of High Courts in Germany and Austria regarding price transparency under national law.
Air and Space Law