Collective Commentary about the New Package Travel Directive

ARTICLE 3 | VINCENZO FRANCESCHELLI AND CARLOS TORRES 121 Pragmatically, the “‘new definition package’ will capture millions more arrangements which are sold, and thereby greatly increase consumer protection. Instead of just one definition, there are now no less than six. An arrangement only needs to come within one of these to be a package”. 4.5. Definition (4) – Start of the Package This definition is aimed to determine the beginning of the performance of a travel service included in the package, and so it reads: “(4) ‘start of the package’ means the beginning of the performance of travel services included in the package”. It appears that the Directive desires to distinguish the performance of the package contract and the performance of the services included in the package. In other words, the performance of the contract and the performance of the obligation. For example, the price’s payment is the performance of the traveller’s obligation; the performance of the package begins when the travel service starts to be performed. 4.6. Definition (5) – Linked Travel Arrangement The fifth definition regards the notion of ‘linked travel arrangement’ which, as it follows: “means at least two different types of travel services purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual travel service providers, if a trader facilitates: (a) on the occasion of a single visit or contact with his point of sale, the separate selection and separate payment of each travel service by travellers; or (b) in a targeted manner, the procurement of at least one additional travel service from another trader where a contract with such other trader is concluded at the latest 24 hours after the confirmation of the booking of the first travel service. Where not more than one type of travel service as referred to in point (a), (b) or (c) of point 1 and one or more tourist services as referred to in point (d) of point 1 are purchased, they do not constitute a linked travel arrangement if the latter services do not account for a significant proportion of the combined value of the services and are not advertised as, and do not otherwise represent, an essential feature of the trip or holiday”.