Collective Commentary about the New Package Travel Directive

PROPOSAL FOR A DIRECTIVE 1263 providers, if a retailer facilitates the combination: (a) on the basis of separate bookings on the occasion of a single visit or contact with the point of sale; or (b) through the procurement of additional travel services from another trader in a targeted manner through linked online booking processes at the latest when the booking of the first service is confirmed; (6) ‘traveller’ means any person who is seeking to conclude or is entitled to travel on the basis of a contract concluded within the scope of this Directive, including business travellers insofar as they do not travel on the basis of a framework contract with a trader specialising in the arrangement of business travel; (7) ‘trader’ means any person, who is acting for purposes relating to his trade, business, craft or profession; (8) ‘organiser’ means a trader who combines and sells or offers for sale packages, either directly or through another trader or together with another trader; where more than one trader meets any of the criteria referred to in point (b) of paragraph 2, all of those traders are considered as organisers, unless one of them is designated as organiser and the traveller is informed accordingly; (9) ‘retailer’ means a trader other than the organiser who: (a) sells or offers for sale packages or (b) facilitates the procurement of travel services which are part of an assisted travel arrangement by assisting travellers in concluding separate contracts for travel services with individual service providers; (10) ‘durable medium’ means any instrument which enables the traveller or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; (11) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the trader the consequences of which could not have been avoided even if all reasonable measures had been taken; (12) ‘lack of conformity’ means lack of and improper performance of the travel services included in a package. Chapter II Information obligations and content of the package travel contract Article 4 Pre-contractual information 1. Member States shall ensure that, before the traveller is bound by any package travel contract or any corresponding offer, the organiser and, where the package is sold