Collective Commentary about the New Package Travel Directive

MALTA | JACQUELINE TANTI-DOUGALL 1037 (estimated value € 1,330). And so, the plaintiff requested 80 per cent of the total cost of the whole voyage, and limiting the sum paid for the cruise – a total of € 3,592.86, which was reduced to € 2,874.00. The plaintiff stated that all the correspondence, including e-mails, was with the Cruise and Travel Group and so, the defendant should remain as was indicated. The names of A.Von Brockdorff appeared in small letters. The Tribunal upheld that the marketing name is correct. The plaintiff recounted the difficulties that she and her husband faced on board the cruise-liner, including the delay of the baggage being placed in their room, and that the cruise-liner was not in a good state, so much so that the Captain apologised publicly at least three times. The plaintiff also stated that she and her husband were not invited to a specialty dinner for couples celebrating something important, the excursions were not satisfactory, etc. The plaintiff complained to the cruise company and were offered a compensation of 300 US Dollars each person to be used when booking another cruise with the same brand. The plaintiff refused as she was not interested to book another cruise. The defendant company noted that the plaintiff was right in stating that the cruise liner was not in “ship shape” and hence, the compensation of 300 US Dollars. With regard to the other complaints, the defendant company was not actually responsible as it claimed it had no control. The Tribunal quoted Regulation 15 (1) of the old Package Travel Regulations whichhas been replaced byRegulation12 (1) in the newPackageTravel Regulations. “ The organiser is responsible for the performance of the travel services included in the package travel contract, irrespective of whether those services are to be performed by the organiser or by other travel service providers ”. TheTribunal also defined “organiser” as found under Regulation 2 of S.L. 409.19 as meaning “a trader who combines and sells or offers for sale packages, either directly or through another trader or together with another trader, or the trader who transmits the traveller’s data to another trader in accordance with the definition ‘package’.”. (Regulation 3 of the EU Directive). The Tribunal considered the fact that with the price paid, both the plaintiff and her husband expected to be provided with a 5-star service as promised. These services were not provided in full, as the lack of certain quality left a sour experience. It is understood that some unexpected things aboard a cruise could happen but the fact that there were things to repeatedly lament upon everyday was certainly not the standard that the couple booked for. The Tribunal noted