Collective Commentary about the New Package Travel Directive

Article 16 Obligation to provide assistance Member States shall ensure that the organiser gives appropriate assistance without undue delay to the traveller in difficulty, including in the circumstances referred to in Article 13(7), in particular by: (a) providing appropriate information on health services, local authorities and consular assistance; and (b) assisting the traveller to make distance communications and helping the traveller to find alternative travel arrangements. The organiser shall be able to charge a reasonable fee for such assistance if the difficulty is caused intentionally by the traveller or through the traveller’s negligence. That fee shall not in any event exceed the actual costs incurred by the organiser. Valérie Augros 1 I. A binding contractual obligation to provide assistance to travellers in difficulty; II. Conditions and extent of the obligation to provide assistance; III. Burden of the costs for assisting travellers in difficulty; Conclusions. The tourism sector is growing at an even faster pace with the development of the Internet and the new economy. It has now become quite easy for the travellers to purchase, whether online or not, travel services and packages. Indeed, the discovery of faraway lands remains ever popular and travellers are keen to spend their holidays in wonderful places around the world. 1 Avocat à la Cour, Paris.