Collective Commentary about the New Package Travel Directive

980 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Lithuania, like all the other Member States, had to ensure proper and timely implementation of the Travel Directive provisions. By today national transposition measures for the Directive 2015/2302 have been reported to the European Commission 4 and started applying in practice. The reasons, which determined the need to adopt this legal instrument were the increasing demand and supply of travel services and, at the same time, the development of ways through which these travel services are offered or sold, especially having Internet in mind, which has become an essential medium for the cross-border travel services market in the Union. One of the objectives of the Directive 2015/2302 was to adapt the legislation on package travel to new online booking models, in particular, to better protect consumers who are buying linked travel arrangements. As it will be seen from the article, this adaption is and will be not such an easy task for implementation of the Directive. The Directive brings the most significant change in the regulation of package holidays, in almost 30 years, since the original Package Travel Directive 5 (hereinafter referred to as old Travel Directive, Directive 90/314/EEC) was introduced, in 1990. Although the structure of the newTravel Directive, fundamental rights and guarantees, provided to the traveller remained more or less the same, the new rules, widening and strengthening the protection level and based on full harmonisation principle, have been introduced into the life of travellers and travel businesses at the same time. The Travel Directive extends the definition of ‘package’ beyond traditional pre-arranged packages. A package now also covers customised combinations of travel services (online and offline) that are put together at the request of or in accordance with the selection of the traveller. In addition, the Directive introduces the concept of ‘linked travel arrangements’, which is a combination of travel services facilitated by a trader. So, the new regulation introduces and covers two types of travel arrangements – package holidays and linked travel arrangements –, which have different levels of protection. At the same time, it is made clear that separate travel services are not covered by this regime and remain regulated by Directive 2006/123/EC 6 and general consumer protection rules. The protection, provided by the Travel Directive, to travellers, in case of travel packages inter alia includes: money-back guarantee and repatriation when the 4 https://ec.europa.eu/info/law/law-topic/consumers/travel-and-timeshare-law/national-transposition-measu res-package-travel-directive_en. 5 Council Directive of 13 June 1990, on package travel, package holidays, and package tours (90/314/EEC). 6 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006, on services in the internal market.