Collective Commentary about the New Package Travel Directive

PROPOSAL FOR A DIRECTIVE 1249 Retailers and organisers are both liable for providing pre-contractual information (Article 4). Retailers are liable for booking errors (Article 19). Retailers facilitating the procurement of assisted travel arrangements are obliged to procure insolvency protection (Article 15). 4.2. Information obligations, conclusion and content of the package travel contract (Articles 4 -6) Article 4 lists specific pre-contractual information which organisers and, where applicable, retailers have to provide to travellers wishing to buy a package. These requirements apply in addition to information requirements under other applicable directives or regulations. Article 5 regulates the conclusion of the package travel contract. Article 6 contains provisions on the content and the presentation of the contract or its confirmation as well as on documents and information to be provided before the start of the package. 4.3. Changes to the contract before the start of the package (Articles 7-10) Similarly to Article 4 (3) of Directive 90/314/EEC, Article 7 lays down the conditions under which the traveller’s right to transfer the package to another person may be exercised. Starting from the principle that agreed prices are binding, Article 8 lays down rules on the possibility and consequences of price changes, given that package travel contracts are often concluded a long time in advance. These rules are based on the same principles as Article 4 (4) – (6) of Directive 90/314/EEC. Article 8 (2) maintains the right to impose price increases related to cost of fuel, taxes and exchange rate fluctuations, but clarifies the conditions compared with Directive 90/314/EEC. If an organiser reserves the right to price increases, it is now also obliged to grant travellers price reductions. Prices may not be increased by more than 10% of the price of the package. With regard to changes other than price changes, distinct rules are set out for insignificant (Article 9(1)) and significant changes (Article 9 (2) and (3)). Compared with Directive 90/314/EEC, Article 10 contains additional termination rights for travellers before the start of the package. The right for travellers to terminate the contract against an appropriate compensation (Article 10 (1)) corresponds to rules and practices found in the Member States. Article 10 (2) grants travellers the right to terminate the contract without compensation in the event of unavoidable and extraordinary circumstances. 4.4. Performance of the package (Articles 11-14) These articles contain rules on the organiser’s liability for the performance of the package (Articles 11-13) and the obligation to provide assistance to the traveller (Article 14). In contrast to Directive 90/314/EEC, only the organiser is liable for the performance of