Collective Commentary about the New Package Travel Directive

PROPOSAL FOR A DIRECTIVE 1253 protection to those developments, enhance transparency and increase legal certainty for travellers and traders. (3) Article 169 of the Treaty on the Functioning of the European Union (the Treaty) provides that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 of the Treaty. (4) Directive 90/314/EEC gives broad discretion to the Member States as regards transposition; therefore, significant divergences between the laws of the Member States remain. Legal fragmentation leads to higher costs for businesses and obstacles for those wishing to operate cross-border, thus limiting consumers’ choice. (5) In accordance with Article 26(2) of the Treaty, the internal market is to comprise an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured. The harmonisation of certain aspects of package contracts and assisted travel arrangements is necessary for the creation of a real consumer internal market in this area, striking the right balance between a high level of consumer protection and the competitiveness of businesses. (6) The cross-border potential of the package travel market in the Union is currently not fully exploited. Disparities in the rules protecting travellers in different Member States are a disincentive for travellers in one Member State from buying packages and assisted travel arrangements in another Member State and, likewise, a disincentive for organisers and retailers in one Member State from selling such services in another Member State. In order to enable consumers and businesses to benefit fully from the internal market, while ensuring a high level of consumer protection across the Union, it is necessary to further approximate the laws of the Member States relating to packages and assisted travel arrangements. (7) The majority of travellers buying packages are consumers in the sense of Union consumer law. At the same time, it is not always easy to distinguish between consumers and representatives of small businesses or professionals who book trips related to their business or profession through the same booking channels as consumers. Such travellers often require a similar level of protection. In contrast, larger companies or organisations often make travel arrangements for their employees on the basis of a framework contract with companies which specialise in the arrangement of business travel. The latter type of travel arrangements do not require the level of protection designed for consumers. Therefore, this Directive should apply to business travellers only insofar as they do not make travel arrangements on the basis of a framework contract. To avoid confusion with the definition of the term ‘consumer’ in other consumer protection directives, persons protected under this Directive should be referred to as ‘travellers’. (8) Since travel services may be combined in many different ways, it is appropriate to consider as packages all combinations of travel services that display features which