Collective Commentary about the New Package Travel Directive
794 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE of Travel Service Combinations, under which tour operators pay to the FCCA an annual fee consisting of a fixed amount based on the amount of security and an insolvency protection fee of 0.024% of the net sales of travel service combinations from the last financial year. During the first year of the NPTD, no company went bankrupt or insolvent in Finland 6 , making it virtually impossible to monitor the functioning of the new security system in action. Possible consumer disputes have not yet progressed to the resolution stage so there has been no national interpretation of, for example, the loss of holiday enjoyment. Thus, the situation can only be assessed through theory. From the consumer’s point of view, the main problem with the repealed legislation was the inadequacy of security in the event of insolvency. With previously built-in flaws with the system fixed by adding a legislation for a state responsibility over the refunds of travellers if a travel organiser was found to be insolvent and the security insufficient, the author views the transposition to be successful so far. 6 This includes only operators based in Finland and registered with the FCCA.