Collective Commentary about the New Package Travel Directive

1094 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE a) The direct marketing of their own services by lodging touristic ventures, local lodging establishments, tourist entertainment agents, transport companies and companies renting cars or other motor vehicle, as well as any other service provider; b) The transport of customers by lodging touristic ventures, local lodging establishments and tourist promotion agents, with their own means of transportation; c) The sale of services from transport companies by their agents or by other transport companies with which they have combined services; d) The facilitation of linked travel arrangements when the facilitator does not receive payments from the traveller for services provided by third parties; e) The mere intermediation in the sale or booking of individual travel services requested by the customer, without prejudice to the provisions of the preceding paragraph”. For this reason, and in accordance with paragraph 2(a), a hotel may directly market its “services” but is no longer allowed to combine accommodation and golf or accommodation and car rental, precisely two of the examples of the broad concept of package travel. Platforms such as AirBnb are also affected by Article 3 paragraph 1(c). In accordance with letter d), a car rental would be denied a fly drive, another example of the broad concept of package travel. Examples which could be multiplied. While the European legislator assumes the perfect lawfulness of these and many other combinations of travel services by hotels, accommodation platforms or otherwise mentioned collaborative companies, airlines, car rentals and countless companies, the Portuguese legislator prevents them from doing so, only allowing them to sell their own services. Severely punishing them, as it becomes evident after seeing the corresponding precept of the Preliminary Draft: “Article 46 Offences 1 – Constitute very grave offences: a) The infringement of Article 4(1); […] 4 – Offences committed under the terms of the previous paragraph shall be punished with the following fines: