Collective Commentary about the New Package Travel Directive

1054 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE as a “package”, (3) or are combined after an agreement is concluded which gives the traveller the opportunity to choose from a selection of different travel services, or (5) are purchased from different traders through a mutually linked online booking procedure if the name, payment details and e-mail address are transferred, and only if this takes place within 24 hours after the first travel service is booked (6). However, this last form is expected never to occur as the transfer of payment details faces legal (privacy) issues. 4.5. New phenomenon: the Linked Travel Arrangement (LTA) In order to gain clarity on when a linked travel arrangement exists, it must first be determined whether a combination of travel services does not already create a package. After all, Article 7:500(e) DCC (based on Article 3(5) of the Directive) stipulates that the linked travel arrangement is not a package in accordance with the definition. A linked travel arrangement will only exist if at least 2 travel services are provided by different traders with whom separate agreements are concluded. There are two versions of the linked travel arrangement. The first version may occur both online and offline. The trader facilitates the separate selection and separate payment of each travel service by the traveller during one visit of or during one contact moment with the own sales location (i). The second version, which likely only occur online, take place when the trader facilitates the purchase of at least one additional travel service from another trader in a targeted manner, and an agreement with this other trader is concluded no later than within 24 hours of the confirmation of the booking of the first travel service (ii). An example of version (i) is when a customer visits a website of an online travel agent (or enters a physical travel agency) and books a flight to Barcelona. The customer books and pays this travel service. This concludes travel service 1. The customer then looks for a hotel on another tab on the same website. This hotel is booked (and possibly paid) through a bed bank. This means that two separate agreements are concluded that are paid separately during one visit to the sales location (a website in this case). This results in a linked travel arrangement. An example of version (ii) occurs when a customer, for example, visits the website of an airline and books a flight to Barcelona here. The confirmation sent to the customer after he has booked a ticket includes the offer to purchase a hotel room from another trader. The customer clicks on this offer (often specifically concerning the period for which the ticket was booked), and is linked to another trader who offers the hotel room, and the hotel room is booked here. This again results in two separate agreements and separate payments. This is not the