Collective Commentary about the New Package Travel Directive

1060 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE an ash cloud after a volcano eruption), the costs of the required accommodation (if possible, of an equivalent level) for 3 nights must be borne by the organiser. If the traveller fits in the category of pregnant women, independent minors, persons requiring specific medical assistance, persons with disabilities and persons with limited mobility and their caregivers, this limitation of 3 days does not apply, and the obligation will apply as long as the trip lasts. However, this will only apply if the traveller has communicated these extraordinary circumstances at least 48 hours before the start of the trip. 7. GUARANTEE FUND(S) Pursuant to Article 17 of the Directive, travellers purchasing a package must be fully protected against the insolvency of the organiser. The Directive requires Member States to ensure that all organisers established in their territory provide security for the repayment of all 38 amounts paid by or on behalf of travellers insofar as the services cannot be provided due to insolvency. Article 7:513(a) DCC stipulates in this context that the organiser must take measures that, in case of the financial incapacity of the organiser, ensure that the obligations will be adopted by another party, that the travel fee (fully or for a proportionate part) is refunded and that the repatriation is arranged. The question is whether the requirement (under civil law) imposed by the Dutch Civil Code and the prudential supervision 39 of De Nederlandsche Bank does meet the strict standard of the Directive. We believe that this is not the case. Recently the EU CoJ seemed to be of the same opinion 40 . Each Member State must take measures adopted pursuant to this requirement by the Member State in which the organiser is established, and the Member States must acknowledge the guarantee funds of the other states. Each Member State must also appoint a central point of contact to, inter alia , facilitate the supervision on organisers active in the different Member States (Article 18 of the Directive). 38 This is how it is phrased in Article 17(1) of the Directive: “The Member States must ensure that organisers established in their territory provide security for the repayment of all amounts paid by or on behalf of the travellers....” We will discuss below that the word “ all ” must be interpreted with subtle distinction. 39 Refer to Article 1:24 of the Dutch Act on Financial Supervision. 40 EU CoJ July 10 th , 2019 case number: C-163/18.