Collective Commentary about the New Package Travel Directive

1200 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE of proof in cases where a trader claims that it has provided information, always lies with the trader. It was therefore deemed not necessary to include this provision in the new act. The liability for booking errors (article 21 of the Directive) has also been implemented in chapter 2 of the act, as regards package travel. Articles 10 and 11 of chapter 2 set out the sanctions for not providing the required information. Article 10 states that if the organiser has not informed the traveller on additional fees, charges and other costs, the traveller shall not bear those costs (Article 6.2 of the Directive). If the organiser has failed to provide the information required, it is, according to article 11, considered a breach of the Marketing Act 6 . This means that the National Enforcement Body may issue an injunction with penalty to provide the information. Chapter 3 – Changes to the contract before the start of the package The provisions in Articles 9-12 in the Directive have been implemented through Chapter 3. The provisions of chapter 3 essentially correspond to the articles regarding changes before the start of the package in the previous Package Travel Act. The legislator has chosen not to use the possibility provided for in Article 12.5 of the Directive, to incorporate a right to withdraw from the contract with respect to off-premises contracts. Chapter 4 – Performance of the package In chapter 4 the articles of the Directive regarding the performance of the package (Articles 13-16) have been implemented. The provisions are divided into thirteen articles in order to make it easier to read. As with the majority of the provisions in the Directive, the content of articles 13-16 lies very close to the previous Swedish legislation, and the implementation is also very close to the articles of the Directive. The legislator has chosen not to make use of the possibility to extend the liability to retailers, according to Article 13.1 of the Directive. The provision regarding retailers’ liabilities when selling package travel organized by an organiser established outside of the EEA (Article 20 of the Directive) has been incorporated in this chapter through chapter 4 article 1. The Articles in 14.5 of the Directive regarding deduction from compensation paid under other legislation, have not been implemented in the Swedish act. The legislator considered that this was not necessary due to the general principle that 6 Marknadsföringslag (2008:486), through which the “Unfair Commercial Practices Directive” (2005/29/EC) is implemented into Swedish national law.