Collective Commentary about the New Package Travel Directive

1246 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Option 8 – “Travel Directive” This option includes Option 7 plus an extension of the scope to stand-alone travel services, e.g. car rental, accommodation or flights, containing in principle the same rules for all travel services irrespective of whether they are part of a package or not. The IA comes to the conclusion that the identified problems will be resolved most appropriately by Option 6, which this proposal is based upon. 3. LEGAL ELEMENTS OF THE PROPOSAL 3.1. Summary of the proposed action The proposed Directive will clarify and modernise the scope of travellers’ protection when purchasing combinations of travel services for the same trip or holiday by bringing within its scope different forms of on-line packages and assisted travel arrangements. The proposal will ensure that travellers are better informed about the services they are buying and grant them clearer remedies if something goes wrong. At the same time, by reducing legal fragmentation and strengthening mutual recognition of insolvency protection, the proposal will minimise obstacles to cross-border trade and reduce compliance costs for traders wishing to operate cross-border, and ensure a level playing-field in the travel market. 3.2. Legal basis This proposal is based on Article 114 Treaty on the Functioning of the European Union (TFEU). It lays down largely uniform rules in the area of packages and assisted travel arrangements in the Union, giving traders and travellers certainty about the content of their rights and obligations irrespective of the national law applicable to the contract, thereby removing unnecessary costs for cross-border transactions and giving more choice to consumers. In accordance with Article 114 (3) TFEU, the proposal guarantees a high level of consumer protection by maintaining or improving the level of consumer protection compared with Directive 90/314/EEC. 3.3. Subsidiarity principle The proposal complies with the subsidiarity principle as set out in Article 5 of the Treaty on European Union (TEU). The objective of improving the functioning of the internal market, through removing differences between the laws of the Member States, and improving consumers’ access to services from other Member States, cannot be sufficiently achieved by the Member States acting in an un-coordinated manner. Therefore, the Union is best placed to address the identified problems by a legislative measure which approximates the national rules.