Collective Commentary about the New Package Travel Directive

1214 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 5. “Travel Organizer” means any person who habitually or regularly undertakes to perform the contract defined in paragraph 2, whether or not such activity is his main business and whether or not he exercises such activity on a professional basis. 6. “Travel Intermediary” shall be any person who habitually or regularly undertakes to perform the contract defined in paragraph 3, whether such activity is his main business or not and whether he exercises such activity on a professional basis or not. 7. “Traveller” means any person who benefits from an undertaking defined in paragraph 2 or 3, whether the contract is concluded or the price paid by himself or by another person for him. Article 2 1. This Convention shall apply to any travel contract concluded by a travel organizer or intermediary, where his principal place of business or, failing any such place of business, his habitual residence, or the place of business through which the travel contract has been concluded, is located in a Contracting State. 2. This Convention shall apply without prejudice to any special law establishing preferential treatment for certain categories of travellers. CHAPTER II GENERAL OBLIGATIONS OF TRAVEL ORGANIZERS AND INTERMEDIARIES AND OF TRAVELLERS Article 3 In the performance of the obligations resulting from contracts defined in Article 1, the travel organizer and intermediary shall safeguard the rights and interests of the traveller according to general principles of law and good usages in this field. Article 4 For the purpose of performing the obligations resulting from contracts defined in Article 1, the traveller shall, in particular, furnish all necessary information specifically requested from him and comply with the regulations relating to the journey, sojourn or any other service.