Collective Commentary about the New Package Travel Directive

LUXEMBOURG | VALÉRIE AUGROS 1019 these exhaustive lists of pre-contractual 10 and contractual information 11 and confirms the binding effect of such information. As set out in the Directive, the trader has the burden of proof of compliance with his information obligations 12 . However, there is no precision about the medium to be used to provide the information to the travellers. In its opinion, the Council of State insisted on the fact that if information was to be given in writing, it should be legible. This was followed in the transposition, as expressed in the Directive, and no additional formal requirements were introduced. Furthermore, to ensure that correct information is properly given by tourism professionals (as the case may be, organisers and/or retailers, as well as traders) to the travellers, the Regulation of 25 April 2018 reproduces the Directive’s annexes that set out five special standard information forms. The new Consumer Code carries on with new provisions relating to the amendment and termination of the travel package after its conclusion and adopts the various situations indicated in the Directive, such as: – the alteration of price by the organiser 13 ; – the insignificant or significant change to the package travel by the organiser 14 ; – the transfer of the contract to another traveller 15 ; or – the termination of the package contract by the traveller or by the organiser 16 . If the Directive clearly aimed at improving the traveller’s rights, offering them protection particularly with regards to the events that are likely to affect the travel (war, natural catastrophe, terrorist attacks, etc.), the new notion of “unavoidable and extraordinary circumstances occurring at the place of destination 10 Articles L.225-3 and L.225-4 of the Consumer Code. 11 Article L.225-5 of the Consumer Code. 12 Article L.225-6 of the Consumer Code. 13 Article L.225-8 of the Consumer Code. 14 Article L.225-9 of the Consumer Code. Here, the significant change to the main characteristic of the travel services and the price increase by more than 8% is strictly defined to preserve the interests of the travellers. This is subject to the travellers’ full information and consent or refund of the contract price, at their choice. 15 Article L.225-7 of the Consumer Code. 16 Article L.225-10 of the Consumer Code. In case of termination by the traveller, the refund of the price is conditioned upon each case’s circumstances, i.e. whether there are unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity or not. If the organiser makes the termination, this can take place only in limited situations: in case of an insufficient number of travellers or of unavoidable and extraordinary circumstances.