Collective Commentary about the New Package Travel Directive

CYPRUS | CHRISTIANA MARKOU 731 cover 20% of the payments received by the organiser as a result of package travel sales during the twelve-month period immediately preceding the date on which the bank guarantee comes into force. Stakeholders argued that the said amount was unnecessarily high given amongst others that many packages are paid by credit cards (with applicable chargeback rights) and that chartered flights are pre-paid. The Consumer Protection Service has refused to take up the suggestion for reducing the relevant percentage to 15%, arguing that the 20% has arisen to be necessary for the sufficient protection of travellers from relevant European Commission workshops in which the Consumer Protection Service has participated. However, it adopted the suggestion of ACTA to introduce the amount of EUR5,000, as the absolute minimum amount for bank guarantees in the context of insolvency protection. The public consultation led to a slightly updated draft law, which was sent to the Law Office of the Republic of Cyprus for review. The draft law then reached the Parliamentary Committee of Energy, Commerce, Industry and Tourism before which stakeholders had the chance to put forward their views on the draft law. The majority of the stakeholders agreed with the provisions of the draft law as they stood. The views put forward by others were largely those discussed and answered in the context of the public consultation. The Committee noted the existence of several ambiguities in the text of the draft which had to be addressed by the Law Office of the Republic of Cyprus. Ultimately, the Committee, through its very short report, dated 6December 2017 4 emphasized the need for the said law to be introduced for Cyprus to implement Directive 2015/2302 and unanimously proposed to the House of Representatives to vote and adopt it. 3. FEATURES AND ASSESSMENT OF THE IMPLEMENTATION OF THE DIRECTIVE IN CYPRUS The Law 186(I)/2017 is largely a reproduction of the Directive. The description of the differences (in the wording) between the two pieces of legislation attempted in this sub-chapter will illustrate this point and at the same time, reveal distinctive features of the Cypriot implementation. Apart from the various differences between the two pieces of legislation, there are provisions in the Law, which 4 Report of the Parliamentary Committee of Energy, Commerce, Industry and Tourism on the three draft laws for the purpose of harmonization with Directive 2015/2302, 6/12/2017, http://www2.parliament.cy/ parliamentgr/008_5h/008_05_5169.htm (accessed 12th July 2019).

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