Collective Commentary about the New Package Travel Directive

1270 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 1371/2007 30 , Regulation (EU) No 1177/2010 31 and Regulation (EU) No 181/2011 32 . Travellers shall be entitled to present claims under this Directive and under those Regulations, but may not, in relation to the same facts, cumulate rights under different legal bases if the rights safeguard the same interest or have the same objective. 6. The prescription period for introducing claims under this Article shall not be shorter than one year. Article 13 Possibility to contact the organiser via the retailer Member States shall ensure that the traveller may address messages, complaints or claims in relation to the performance of the package directly to the retailer through which it was purchased. The retailer shall forward those messages, complaints or claims to the organiser without undue delay. For the purpose of compliance with time-limits or prescription periods, receipt of the notifications by the retailer shall be considered as receipt by the organiser. Article 14 Obligation to provide assistance Member States shall ensure that the organiser gives prompt assistance to the traveller in difficulty, in particular by: (a) providing appropriate information on health services, local authorities and consular assistance, and (b) assisting the traveller in making distance communications and alternative travel arrangements. The organiser shall be able to charge a reasonable fee for such assistance if the situation is caused by the traveller’s negligence or intent. Chapter V Insolvency protection Article 15 Effectiveness and scope of insolvency protection 1. Member States shall ensure that organisers and retailers facilitating the procurement of assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and, insofar as carriage 30 OJ L 315, 3.12.2007, p. 14 31 OJ L 334, 17.2.2010, p. 1 32 OJ L 55, 28.2.2011, p.1