Collective Commentary about the New Package Travel Directive

ARTICLE 10 | CHIARA TINCANI 265 court due to the overlapping of the mandatory provision on the dissonant, dystonic manifestation of will. Both the increase and the decrease are considered factors unrelated to the organiser’s sphere of control, such as the cost of fuel and the level of the exchange rate, i.e. events that cannot be controlled by the company, and which can affect the economic balance, which are out of the borders of corporate control. The reason is obvious: avoiding alterations in the contractual balance that call into question the planning of the trip, also due to the traveller’s financial resources, at any time after the conclusion of the negotiation. This justifies the limited recognition of the power of modifying even in case of withdrawal, the main self-protection resource of the traveller.

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