Collective Commentary about the New Package Travel Directive

1126 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE to the variant that the victim of the error has understood, but only if the other party accepts the execution of the contract as understood by the victim of the error. In conclusion, we believe that it would have been particularly useful for the Directive to indicate the ways in which the uninformed/misinformed traveller has at its disposal or to provide the manner and limits in which this failure to inform the traveller affects the validity and/or the obligation of the contractual clauses or the contract as a whole 6 . III. THE LIABILITY OF THE ORGANIZING TRAVEL AGENCY FOR THE PROVISION OF TRAVEL SERVICES Concerning the responsibility for the provision of travel services, Directive (EU) 2015/2302 establishes, as matter of principle, that it belongs to the organiser of the travel services package, even when they are provided by a travel services provider other than the organiser. The second alignment of Article 13 (1) of the Directive (EU) 2015/2302 leaves it up to Member States to maintain or introduce in their national law provisions under which the retailer is responsible for executing the package 7 . 6 The general obligation for pre-contractual information is also considered by the editors of the European Contract Code, drafted under the supervision of Professor Giuseppe Gandolfi. Thus, art. 7, entitled “Obligation to inform”, has the following wording: “1. During negotiations each party who knows or should know any fact or right which would help the other party to appreciate the validity of the contract and the benefit of concluding it is under a duty to inform the other. 2. In the event of information being omitted or falsely or partially declared, if the contract has not been made or is null, that party who has acted contrary to good faith is responsible to the other party as stated in Article 6, par. 4 (this text provides that “the party who acted contrary to good faith shall be liable for the harm he has caused to the other party to the extent of the costs the latter had to incur while the contract was being negotiated. Loss of opportunities caused by the negotiations underway shall also be made good.” AN / author’s note.). If the contract has been concluded, the former party must return monies paid or indemnify the latter, in both cases the amount being determined on equitable grounds by the court, save the other party’s right to annul the contract on grounds of mistake.” The project initiated by specialists coordinated by Professor Giuseppe Gandolfi, entitled European Contract Code, was inspired by the United Nations Convention on Contracts for the International Sale of Goods (CVIM) adopted in Vienna on 11 April 1980 and entered into force on 1 January 1988; by Unidroit Principles (PU) on international trade agreements finalized in 1994. In the same concern, a commission chaired by German Professor Christian von Bar finalized in 2008 an ambitious academic project called the European Civil Code (ECC), an idea encouraged and subsidized by the European Union and several foundations. 7 In such a case, however, the provisions of Article 7 (concerning “Content of the package travel contract and documents to be supplied before the start of the package”) and Chapter III (“Changes to the package travel contract before the start of the package”), Chapter IV (“Performance of the package”) and Chapter V (“Insolvency protection”) applicable to the organiser shall also apply mutatis mutandis to the retailer.