Collective Commentary about the New Package Travel Directive

PROPOSAL FOR A DIRECTIVE 1245 2.2. Impact Assessment The Impact Assessment (IA) analysed eight policy options plus certain sub-options. Option 1 – Maintaining the status quo, i.e. maintaining the Directive in its present form Option 2 – Guidelines, i.e. maintaining the Directive in its current form and preparing guidelines, including CJEU rulings and clarification on the scope and liability Option 3 – Package Travel Label and/ or requirement on traders selling assisted travel arrangements to state that the services in question do not constitute a package (add-on options) Sub-option A – introduction of a “Package Travel Label” – an obligatory logotype to be presented to consumers when purchasing a package Sub-option B – introduction of an obligation, for traders offering combined travel arrangements which are not packages, to clarify that they are not selling a package Option 4 – Repeal of the Directive and self-regulation by industry Option 5 – Modernisation of the Directive and coverage of “one-trader packages” Option 5 involves a legislative revision which would keep the main structure of the existing Directive, while clarifying its scope through the explicit inclusion of “one-trader packages” and revising several provisions. The revised Directive would apply to travel services which are combined for the same trip or holiday on one website or at one high street agent. Option 6 – Graduated approach – modernisation of the Directive and coverage of both “one-trader” and “multi-trader” packages while applying a lighter regime to “multi- -trader” assisted travel arrangements This option corresponds to Option 5 supplemented with a graduated extension of the scope of the Directive aimed to cover: – “multi-trader” packages , i.e. combinations of travel services through different traders showing certain features associated with packages, which would be subject to the same regime as other packages (including full liability for the proper contractual performance and the obligation to procure insolvency protection), – “multi-trader” assisted travel arrangements , i.e. those combinations of travel services which do not display the typical features of packages and are hence less likely to mislead consumers. They would be subject to a lighter regime consisting of insolvency protection and an obligation to state in a clear and prominent manner that each individual service provider is responsible for the correct performance of the services. Option 7 – Modernisation of the Directive covering both “one-trader” packages and “multi-trader” travel arrangements This option includes Option 5 and 6, whilst subjecting all “multi-trader” assisted travel arrangements to the same obligations as packages.