Collective Commentary about the New Package Travel Directive

1242 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE However, in 1990 the structure of the travel market was much simpler than today and the Internet did not exist. Despite the abovementioned CJEU ruling, it remains unclear to what extent modern ways of combining travel services are covered by the Directive. As highlighted in the 1999 Commission’s report 4 on the implementation of the Directive, significant differences remain in the laws transposing the Directive, due to its minimum harmonisation approach, the broad discretion given to Member States, e.g. with regard to the liable party or parties, and ambiguities in the text. The modernisation of Directive 90/314/EEC responds to requests from the co-legislators, the European Economic and Social Committee, as well as the European Consumer Consultative Group 5 . A large part of the industry and consumer organisations have also asked for a revision. A revision of the Directive is explicitly mentioned in the European Citizens’ Reports 6 , the European Consumer Agenda 7 and in the Single Market Act II 8 . 1.2. Grounds for the proposal 1.2.1. Development of Internet distribution and liberalisation in the airline sector 73% of EU households had access to the Internet in 2011 9 . Almost two-thirds of EU citizens use the Internet at least once a week, more than half of them every day or almost every day. Travel services are among the most popular products purchased on-line. The development of online sales and the liberalisation in the airline sector have changed the way in which consumers organise their holidays, having led to different ways in which traders assist consumers in customising combinations of travel services, in particular online. The relevant traders include travel agents, tour operators, airlines, cruise lines, etc. There is ambiguity in many Member States as to whether such combinations fall under the scope of the Directive and whether traders involved in putting together such combinations are liable for the performance of the relevant services, especially in the online environment. This is causing uncertainty for traders and consumers. It also implies that market players which are today explicitly covered by the Directive are subject to different rules and different costs compared to those businesses which are not covered or do not consider themselves to be covered by the Directive, although they are competing for the same customers. 4 SEC (1999) 1800 final. 5 E.g. Council conclusions of the 2255th Council meeting on Consumer Affairs 13 April 2000, European Parliament resolution of 16 January 2002 (2001/2136(INI)). Opinion of the European Economic and Social Committee of 11.05.2011 (Official Journal C 132) and ECCG opinions of 21 April 2010 as well as 8 February 2013. 6 COM(2010) 603 final and COM(2013) 269 final. 7 COM(2012) 225 final. 8 COM(2012) 573 final – Annex II. 9 Eurostat, Data in focus, 66/2011.