Collective Commentary about the New Package Travel Directive

ARTICLE 12 | FRANCESCO TORCHIA 297 organiser will also be required to provide evidence of the price expenses in case it is requested by the traveller. In addition, an important provision contained in the 2nd paragraph of the regulation, which foresees the possibility of withdrawal without charges in the event of unavoidable and extraordinary circumstances “that occurred in the place of destination or near it which have a great impact on the package or on the passengers transportation to destination”. This is the case referred by recital n. 31, which considered the possibility of armed conflicts or other serious security problems, such as terrorism attempts, as well as significant risks to human health, such as the outbreak of a serious illness in the place of destination, or natural disasters, such as floods, earthquakes or weather conditions which prevent the tourist from travelling safely to destination as per established in the travel package contract. In such cases, a full payment refund is foreseen without any additional compensation. Finally, another main goal is the regulation expressed by Paragraph 5, which concerns contracts negotiated outside business premises. Therefore as stated by the legislator on this regulation: “... Member States may foresee within the national legislation, that travellers have the right to terminate the contract within a period of 14 days without giving any explanation...”, it also recognizes the unilateral withdrawal for contracts signed online. The relevant EU legislation, referred to in Article 4 of the directive about the level of harmonization, essentially considers the problem overcome. It is outlined in reference to the relation between the current Article 52 of the Consumer Code (recently amended by Legislative Decree 02/21/2014 num. 21), Article 32, Paragraph 2 of the Tourism Code and Article 47 Letter g which, except for the regulation concerning selling outside business premises and long-distance tourist packages sales, excluded the right of withdrawal. The reason for this provision can also be found, other than in the new directive letter which clearly repealed the Directive 2011/83 / EU (on consumer rights) regulations, implemented in Italy through the Legislative Decree 21/2014 amending the Consumer Code, in a systematic and axiological interpretation of the law. Therefore, according to the aim stated in recital n. 48 in which the EU legislator specifies that : “the use of this Directive makes it necessary to adapt some legal acts regarding consumers protection. It should be clarified particularly that Regulation (EC) No. 2006/2004 of the European Parliament and of the Council is applied to this directive’s violations. Furthermore, taking into account that Directive 2011/83 / EU of the European Parliament and of the Council cannot be applied in its current form to contracts governed by Directive 90/314 / EEC, it is necessary to amend Directive