§ 13. Booking a package holiday online and the order button

This section applies to online bookings that oblige you to pay. Just before you book, the seller must draw your attention to two pieces of information from § 9 first paragraph, namely letters a and c. This must be done clearly and in a prominent manner.

The second paragraph has two requirements. The seller must make sure that you expressly acknowledge that the booking obliges you to pay. If the booking is made with a button or a similar function, it must be labelled in an easily legible way, with text such as "obligation to pay" or something equivalent. The requirement covers both the acknowledgement itself and the labelling of the button.

The third paragraph is the sanction. If the requirements in the second paragraph are not followed, you are not bound by the contract or the booking. Note that the sanction is linked only to the acknowledgement and the button labelling. For the notice immediately before booking in the first paragraph, this section says nothing similar.

The section must be read together with the rest of the chapter. § 9 lists what must be disclosed before the contract, and § 10 sets requirements for how. § 11 and § 12 concern the content and form of the contract itself. If the seller has not disclosed costs under § 9, you do not have to bear them under § 16, and § 17 places the burden of proof (bevisbyrde) on the seller. A section on administrative fines (overtredelsesgebyr), § 52, refers back to § 13.

Example: The traveller completes an online booking. The button only says "Confirm", and the trader has not made sure that the traveller acknowledges the obligation to pay. In that case, the traveller is not bound by the booking.