Collective Commentary about the New Package Travel Directive

LUXEMBOURG | VALÉRIE AUGROS 1021 Except in cases where it is not possible or it would involve disproportionate costs, the organiser has, therefore, to remedy the lack of conformity in respect of the travel services mentioned in the package within a reasonable period. The remedy can consist of a new travel arrangement of similar or higher quality and is at no cost for the traveller. In any case, the lack of conformity will give rise to a price reduction to the benefit of the travellers 20 . In addition, having the travellers previously informed the organiser of the difficulty and the organiser failed to remedy this, the travellers are granted extensive rights such as: – the right to remedy themselves the lack of conformity; – the right to refuse the proposed alternative arrangements if they are not comparable to the initial services agreed in the package or if the price reduction is not appropriate; – the right to terminate the contract, as well as to request repatriation if the contract provided transport when the lack of conformity substantially affects the performance of the package; or – the right to be repatriated in case of unavoidable and extraordinary circumstances or when repatriation is not possible, to be assisted up to 3 nights. In view of the above, the traveller will have a high ability to assess whether the proposed remedy is appropriate and was offered within a reasonable period. In this respect, the Commerce Chamber outlined that the notion of “reasonable period” was not precise enough and suggested to define a fixed period. Again, this suggestion was not followed in the Law of 25 April 2018. Furthermore, travellers should be fully compensated without delay when prejudice is sustained as a result of a lack of conformity 21 . The Consumer Code sets out the three exclusions of liability indicated by the Directive: – lack of conformity attributable to the traveller; – unforeseeable and unavoidable lack of conformity attributable to a third party; and – unavoidable and extraordinary circumstances. 20 Article L.225-12 (1) of the Consumer Code. 21 Article L.225-12 (2) of the Consumer Code