Collective Commentary about the New Package Travel Directive

126 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE and not just traditional consumers, benefit from the reinforced European legislative framework in their professional or business trips. The solution is explained in detail by the European legislator on recital 7: “The majority of travellers buying packages or linked travel arrangements are consumers within the meaning 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 order to avoid confusion with the definition of the term ‘consumer’ used in other Union legislation, persons protected under this Directive should be referred to as ‘travellers’.”. Managed business travel is also explained in recital 7: “In contrast, there are companies or organisations that make travel arrangements on the basis of a general agreement, often concluded for numerous travel arrangements for a specified period, for instance with a travel agency. The latter type of travel arrangements does not require the level of protection designed for consumers. Therefore, this Directive should apply to business travellers, including members of liberal professions, or self-employed or other natural persons, where they do not make travel arrangements on the basis of a general agreement.”. That is why the text of the New Directive refers to travellers, (“any person who is seeking to conclude a contract, or is entitled to travel on the basis of a contract concluded, within the scope of this Directive”, Article 3/6), instead of consumer s, excluding managed business travel in Article 2/2/(c): “ThisDirective does not apply to (…) packages and linked travel arrangements purchased on the basis of a general agreement for the arrangement of business travel between a trader and another natural or legal person who is acting for purposes relating to his trade, business, craft or profession.”. However, if a company purchases a trip for its employees under a managed business travel, it means that it will waive off two important guarantees associated with package travel: 1. the operator is no longer responsible for the correct performance of each of the services (transport, accommodation, vehicle rental); and 2. no insolvency protection is provided.