Collective Commentary about the New Package Travel Directive
476 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE against the bedbank/agent to override the terms of the agency contract because it only applies to “third parties which contributed to the event triggering compensation”. It would not be the bedbank that caused the food poisoning or didn’t put safety markings around the pool or had low balconies or deficient glass. 5. CONCLUSION In many cases it lies within the power of an organiser to have an effective means of redress against third party suppliers by means of appropriately drafted contractual provisions, and this can be achieved without the assistance of Art. 22. However in cases where there are no, or no effective, contracts in place, the organiser in theory can resort to Art. 22 but there are significant practical and procedural hurdles to overcome, particularly when trying to obtain redress from a supplier outside the EU. Those organisers best placed to enforce their rights against third party suppliers are those that operate rather like traditional tour operators who have contracts in place with their suppliers before offering a package to travellers. Those organisers who act like travel agents are the ones most likely to have difficulty enforcing their rights even with the benefit of Art. 22.