CONSUMER PROFILING IN AIR TRANSPORT AND TOURISM potential for the choices that consumers must be able to make free from deceptive conditioning”38. In particular, the ability “to distort ordinary choices with regard to the main characteristics of the product, as well as its price, the omission of relevant information or its unclear or non - exhaustive presentation” are relevant39. In essence, it is enough to alter “economic behaviour”40 . Although the consumer Code distinguishes between misleading practices41 and so - called aggressive practices42, mostly in the transport sector the former are relevant, as can be deduced from Article 22 bis of the Code43; with regard to maritime fees, advertising on the price that does not highlight port taxes, ancillary charges or all those that are in any case significant is considered misleading, since the carrier must disclose a single fee that includes any fixed item. The intention is to ensure transparency so that the traveller is not induced to negotiate for a fee that, a posteriori, turns out to be higher44. It is unfair to propose conditions that are only advantageous in appearance, but in substance misleadingly reduced, since nozione di 'professionista' nel commercio elettronico, in Giur. it., 2019, 1813 ff.; D. Melano Bosco, Il superamento della teoria del c. d. professionista di rimbalzo, ibid., 2021, 836 ff. 38 Cf. Cons. Stato, sec. VI, 6 September 2017, no. 4245, in Giur. it. rep., 2017, according to which “the legal asset protected is only indirectly the consumer's patrimonial sphere; in an immediate way, the aim is to safeguard the proper functioning of the competitive market”. See also TAR Lazio, Rome, sect. I, 9 September 2014, no. 9559, ibid., 2014; TAR Lazio, Rome, sec. I, 4 July 2013, ibid., 2013. 39 See Cons. Stato, sec. VI, 4 March 2013, no. 1259, in Giur. it. rep., 2013. 40 See Cons. Stato, sec. IV, 6 September 2017, no. 4245, cit. 41 See Articles 21 and 22 of Legislative Decree No. 206 of 2005, as amended by Legislative Decree No. 170 of 2021 (the so - called Consumer Code). 42 See Articles 24 and 25 of Legislative Decree No. 206 of 2005, as amended by Legislative Decree No. 170 of 2021 (the so - called Consumer Code). 43 Pursuant to Article 22 bis of Legislative Decree No 206 of 2005, as amended by Legislative Decree No 170 of 2021 (the so - called Consumer Code): “advertising shall be considered misleading if it concerns fares charged by shipping companies operating on Italian territory directly or in code - sharing, and advertises the price of the ticket due to the shipping company separately from ancillary charges, port taxes and all charges in any event intended to burden the consumer, since the shipping company must advertise a single price that includes all these items”. 44 Cf. M. Previti, Le pratiche commerciali scorrette nel trasporto aereo: la tutela del passeggero – consumatore, loc. cit., 700, according to whom such a provision would be superfluous, since such a result could have been reached with the application of articles 20, 21 and 22 of legislative decree no. 206 of 2005, as amended by legislative decree no. 170 of 2021 (the so - called Consumer Code). the conduct of shipping companies. Again according to the author, the "rationale for the introduction of Article 22 bis is (...) to be found (...) in the perceived need to equate the protection of maritime passengers with that of air passengers".
RkJQdWJsaXNoZXIy MTE4NzM5Nw==