Collective Commentary about the New Package Travel Directive
“Extraordinary” Legislative Shortcomings in the New PTD Michael Wukoschitz 1 1. Introduction; 2. The Concept of Definitions in Legislation; 3. “Unavoidable and Extraordinary Circumstances” as a New Term Used in the PTD 2015; 4. Articles of the PTD 2015 Using the Term “Unavoidable and Extraordinary Circumstances”; 4.1. Article 14 para 3; 4.2. Article 13 para 7; 4.3. Article 12 para 2 and 3; 4.4. Article 21; 5. Excursus: the ‘Corona-Crisis’ and the Legal Concept of “Extraordinary Circumstances”; 5.1. Termination by the Traveller; 5.2. Termination by the Organiser; 5.3. Price Reduction and Compensation for Damages; 5.4. Impossible Return; 6. Conclusions. 1. INTRODUCTION The great Voltaire once said: “ If you want good laws, burn those you have and make new ones ” 2 . However, there is no guarantee that the new laws will be any better than their predecessors. Moreover, the quote establishes a vicious circle: as soon as the new laws are enforced, they become the current laws which need to be burned in order to make place for newer, better laws. Legislators should always strive to implement good laws. This does not just apply to the content to which rights and obligations are attributed to whom, but also to the aspects of a good legislative technique comprising of a clear and consistent use of language and terminology. This chapter will outline how one European legislator did not succeed in this aspect when drafting the new Package Travel Directive 3 . 1 President Emeritus of International Forum of Travel and Tourism. 2 Voltaire : “ Voulez-vous avoir de bonnes lois; brûlez les vôtres, et faites-en de nouvelles ”. 3 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC; hereafter referred to as “PTD 2015”.