Collective Commentary about the New Package Travel Directive

PROPOSAL FOR A DIRECTIVE 1271 of passengers is included, for the travellers’ effective and prompt repatriation in the event of insolvency. 2. The insolvency protection referred to in paragraph 1 shall take into account the actual financial risk of the relevant trader’s activities. It shall benefit travellers regardless of their place of residence, the place of departure or where the package or assisted travel arrangement is sold. Article 16 Mutual recognition of insolvency protection and administrative cooperation 1. Member States shall recognise as meeting the requirements of their national rules transposing Article 15 any insolvency protection obtained by an organiser or a retailer facilitating the procurement of assisted travel arrangements under the rules of its Member State of establishment transposing Article 15. 2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers and retailers facilitating the procurement of assisted travel arrangements operating in different Member States. They shall notify the contact details of these contact points to all other Member States and the Commission. 3. The central contact points shall make available to each other all necessary information on their national insolvency protection schemes and the identity of the body or bodies providing insolvency protection for a particular trader established in their territory. They shall grant each other access to any inventory listing organisers and retailers facilitating the procurement of assisted travel arrangements which are in compliance with their insolvency protection obligations. 4. If a Member State has doubts about the insolvency protection of an organiser or of a retailer facilitating the procurement of assisted travel arrangements which is established in a different Member State and is operating on its territory, it shall seek clarification from the Member State of establishment. Member States shall respond to requests from other Member States at the latest within 15 working days of receiving them. Chapter VI Assisted travel arrangements Article 17 Information requirements for assisted travel arrangements Member States shall ensure that, before the traveller is bound by any contract or any corresponding offer for assisted travel arrangements, the trader facilitating the procurement of assisted travel arrangements shall state in a clear and prominent manner: (a) that each service provider will be solely responsible for the correct contractual performance of its service; and