Collective Commentary about the New Package Travel Directive

SWEDEN | JONAS THYBERG 1199 The legislator agreed with these stakeholders and decided to use the same wording as in the Directive. It was however, considered that the word general did not add anything to the definition, so it was deleted in the final text. The exemption thus states that package travels and linked travel arrangements purchased based on an agreement for business travels between the organiser and the customer are exempted from the scope of the act. The exemption for business travels has caused the trade a great deal of problem. The purpose with the exception is to include small enterprises under the scope of the Directive, since these companies often purchase their travel services in the same way as consumers. Ordinary business trips normally fall outside of the scope of the new legislation since it is quite easy for the organiser to enter into an agreement with the customer. There are however a large number of trips/journeys purchased by companies, which do not naturally fall under the exemption, commonly referred to as MICE 5 . Corporate customers very often purchase this kind of travel through a different travel agency than they use for their ordinary business travels. This means that the MICE companies very seldom have agreements with their customers. Such travels therefore often fall under the regulation. Articles 2-5 include definitions of travel service, package travel, linked travel arrangement, traveller, trader, organiser and retailer. The definitions correspond to the definitions in the Directive. The Swedish legislator has chosen not to include some of the definitions in the Directive, such as establishment, durable medium, etc. The reason for this is that these wordings or phrases are defined in other legislations where their meaning is evident. Article 6 states the binding character of the act, i.e., that terms and conditions that deviate from the act in a way that makes it less favorable for the traveller shall be deemed null and void. Chapter 2 – The package travel contract and information Articles 5-7 of the Directive have been implemented through thirteen articles in chapter 2 of the act. The implementation is very close to the wording of the Directive, but the legislator has chosen to divide the articles of the Directive into several articles, in order to make it easier to read. Article 8 of the Directive regarding the burden of proof has not been implemented in the Swedish act. The legislator considered that it follows from general Swedish principle that the burden 5 MICE = Meetings, Incentive, Conventions and Exhibitions.