Collective Commentary about the New Package Travel Directive

104 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE he capacity of organiser, retailer, trader facilitating a linked travel arrangement or as a travel service provider; (8) ‘organiser’ means 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 point (b)(v) of point 2; (9) ‘retailer’ means a trader other than the organiser who sells or offers for sale packages combined by an organiser; (10) ‘establishment’ means establishment as defined in point 5 of Article 4 of Directive 2006/123/EC; (11) ‘durable medium’ means any instrument which enables the traveller or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; (12) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken; (13) ‘lack of conformity’ means a failure to perform or improper performance of the travel services included in a package; (14) ‘minor’ means a person below the age of 18 years; (15) ‘point of sale’ means any retail premises, whether movable or immovable, or a retail website or similar online sales facility, includingwhere retail websites or online sales facilities are presented to travellers as a single facility, including a telephone service; (16) ‘repatriation’ means the traveller’s return to the place of departure or to another place the contracting parties agree upon.