Collective Commentary about the New Package Travel Directive

ROMANIA | ILIE DUMITRU 1139 • expenses for operating the Fund; • expenses generated by the travel package guarantee process; • expenses incurred in repatriating travellers. The guarantee fund would comply with the following operating principles: a) In the event of the insolvency of the organiser, in the case of travel packages that included the transport, theGuarantee Fund shall repatriate the passengers and bear the cost of repatriation or offer suitable alternative services for the continuation of the package as soon as possible from the notification received from the traveller, but not later than 12 hours, through his own efforts or through a specialized operator; in the case of a change of accommodation, suitable alternative services are the provision of accommodation in a unit as close as possible to the original one, subject to availability. b) If the traveller pays the repatriation costs fromhis own funds, the Guarantee Fund has the obligation to settle the repatriation cost. c) Appropriate alternative services are equivalent or of better quality than those specified in the contract. d) The traveller may notify the Guarantee Fund to initiate the repatriation procedure by any means of communication. e) The purpose of the certificate of membership of the Guarantee Fund is to guarantee by the Guarantee Fund of the risk of non-refunding by the organiser of the sums paid by the passengers in case of the non-execution of the package of travel services contracts concluded with them and, where applicable, covering the cost of repatriation/repatriation where passengers are unable to return to the place of departure or at the place established by the parties, when the package includes passenger transport. f ) The Guarantee Fund accepts to guarantee to travellers, beneficiaries of the certificate issued by the Fund to the organiser, in case of insolvency of the organiser, the refund of the sums paid by them, as well as repatriation or repayment of the repatriation cost, as the case may be. g) The organiser provides travellers with a certificate attesting their right to the Guarantee Fund. In conclusion, given the complex circumstances of the emergence of Directive (EU) 2015/2302 as well as the objectives it has proposed, we believe that the provisions of this normative act would have needed greater clarity and accuracy.