Collective Commentary about the New Package Travel Directive

PORTUGAL | CARLOS TORRES 1095 a) Very grave offence: i) In the case of a natural person, from 2,500.00 € to 3,740.00 €; ii) In the case of micro, small or medium enterprise, from 7,500.00 € to 22,000.00 €; iii) In the case of a large enterprise, from 15,000.00 € to 44,000.00 €”. A number of experts have warned about this total opening of the market, as it happens with the Italian professor Gianluca Rossoni, in his intriguingly named article: “ La nuova direttiva sui viaggi a pacchetto apre definitivamente al trader in concorrenza con le agenzie ” (The new package travel directive definitely opens competition between the trader and the agencies). The new role, arising from the current digital reality, attributed to airlines, hotel and extra-hotel accommodation, car rental and to the marketplace in general, is highlighted according to the broad definition of trader in Article 3/7, as opposed to the duo organiser agency and sales agency, provided for in the 1990 Directive: “In other words, the Directive takes note of the digital reality in which airlines, hotel and extra-hotel accommodation activities, car rental, and other entities within the broad category of marketplace already act as part of travel contracts offered dynamically through linked online booking processes in competition with travel agencies; Article 3(7) of the European legislation provides for a broad concept of trader”. It is also stressed how national legislators have very little leeway because of Article 4 of the Directive: “Among other things, the choice of a high level of harmonisation provided for in Article 4 of the Directive will not allow Member States to introduce into their national law provisions diverging from European law, leaving little room for internal rules restricting traders’ activity in contracts relating to package travels and related tourist services in relation to traditional travel agents”. The Luxembourg legislator was more cautious and, in view of Article 3/7 of the Directive, considered that: “1. Recast of the chapter on package travel of the Consumer Code By transposing the directive and nothing but the directive, this text makes a complete overhaul of the chapter on package travel of the Consumer Code. It should be noted that an injunction remains possible, as under the current provisions, against people who do not comply with these provisions.