Collective Commentary about the New Package Travel Directive

ARTICLE 3 | VINCENZO FRANCESCHELLI AND CARLOS TORRES 113 In addition to the three main travel services , Article 3/1/(d) contemplates other tourist services that are not included in the carriage of passengers (for instance sleeping cars in trains), accommodation (transfer from and to the airport of a hotel guest) or the rental of motor vehicles or certain motorcycles, exemplified by “admission to concerts, sport events, excursions or event parks, guided tours, ski passes and rental of sports equipment such as skiing equipment, or spa treatments.” (recital 18). However, while for the main travel services stipulated in points (a), (b) and (c), no minimum limit or part is established when combined by a single operator – two are sufficient for the same journey or holiday –, as is the case of one flight + hotel or a fly drive 5 , the same does not happen with respect to point (d). Indeed, when one of the main travel services, for example, accommodation, is combined with one or more tourist services listed in point (d), the following alternative requirements must be considered, as indicated in Article 3/2/(v) and recital 18 6 : – They must represent a significant part of the journey (25% or more of the value of the combination); – The advertising points to an essential feature of the combination (hotel + ticket for the final of a football competition); or – Represent in any way that feature (hotel + golf ). The criterion for determining the significant part of the trip is not mentioned in any article except recital 18: “If other tourist services account for 25 % or more of the value of the combination, those services should be considered as representing a significant proportion of the value of the package or linked travel arrangement.”. This triple criterion applies to both typologies, i.e. package travel and linked travel arrangements. The existence of a combination of services is essential – presupposing a certain temporal connection – and not a mere sum of or separate sale, especially when the traveller is already at the destination. It can be exemplified by “hotel accommodation, booked as a stand-alone service, after the traveller’s arrival at the hotel” (recital 18), supplemented by other services such as the sale of green fees, 5 In the latter case, the timeframe requirement of no less than 24 hours [Article 2/2 /(a)] must also be met. 6 “However, if such services are combined with only one other type of travel service, for instance accommodation, this should lead to the creation of a package or linked travel arrangement only if they account for a significant proportion of the value of the package or linked travel arrangement, or are advertised as or otherwise represent an essential feature of the trip or holiday. If other tourist services account for 25 % or more of the value of the combination, those services should be considered as representing a significant proportion of the value of the package or linked travel arrangement.”.