Collective Commentary about the New Package Travel Directive
Josep Maria Bech Serrat 1 1. Increasing the volume of information after a maximum harmonisation approach; 2. A traditional mandatory disclosure model; 2.1. Some weaknesses of standardised information; 2.2. Towards behaviourally “personalised” information? Big Data, big problems; 3. A fragile medium for providing pre-contractual information after an important debate. 1. INCREASING THE VOLUME OF INFORMATION AFTER A MAXIMUM HARMONISATION APPROACH According to Art. 5(1) of the new Package Travel Directive 2 , Member States must ensure that, before the traveller is bound by any package travel contract or any corresponding offer, the organiser and, where the package is sold through a retailer, the latter must provide the traveller with the standard information by means of the relevant form as set out in Part A or Part B of Annex I, and, where applicable to the package, with three types of pre-contractual information: a) First, there is the information on the main characteristics of the travel services a traveller is seeking to acquire, as provided in point (a) of Art. 5(1). This information is open-ended regarding what constitutes the main characteristics of a travel service and must also be provided under the general rules of Contract Law, since a contract cannot become binding unless it is made clear what obligations arise from it 3 . b) Secondly, a traveller also needs to know exactly whom he is dealing with. According to point (b) of Art. 5(1), the traveller shall be provided with information on the trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their telephone number and, where applicable, their e-mail address. As with the information on the main characteristics of the product, a contract cannot become binding 1 University of Girona, Spain. 2 The new PackageTravel Directive (EU) 2015/2302 ( OJ 2015 L 326/1) (hereafter the new PackageTravel Directive). 3 Regarding Art. 5 of the Consumer Rights Directive 2011/83/EU ( OJ 2011 L 304/64) (hereafter CRD), Martien Schaub, “How to Make the Best of Mandatory Information Requirements in Consumer Law”, European Review of Private Law , 1-2017, 25-44, p. 27.