Collective Commentary about the New Package Travel Directive

ARTICLE 3 | VINCENZO FRANCESCHELLI AND CARLOS TORRES 129 Moreover, the position of the organiser or retailer depends on his role in organising the package and not on proclaiming himself in one or the other condition (Recital 22). The retailer’s position is determined by excluding parts; it is “other than the organiser who sells or offers for sale packages combined by an organiser” (Article 3/9). In the pre-contractual stage, retailers are also responsible for providing pre- -contractual information, namely dates and time of departure and return, the location, accommodation, meal plan; visits, excursions or other services included; if any of the travel services will be provided to the traveller as a member of a group; when effective oral communication is important for the enjoyment of the service, the language in which they will be provided, minimum number of persons required for the package to take place, etc. (Recital 24 and Article 5/1). The binding character of the pre-contractual information the retailer provides, the obligation to notify the traveller of changes in the pre-contractual information (Art 6/1), as well as the consequences of non-compliance with the information requirements on additional fees, charges and other additional costs (Art 6/2) are other aspects that the NPTD touches on. The name and address of the retailer are other elements that must be conveyed when the package is released, e.g. via hyperlinks or by telephone [Art 5/1/(vii)]. In order to facilitate communication, particularly in transnational cases, the contact between the travellers and the organiser is made through the retailer from whom they purchased the package (Recital 24 and Article 15). Unless the organiser fulfils it, the NPTD imposes on the retailer the duty to provide the traveller with a copy or confirmation of the contract on a durable medium (Article 7/1). Under Article 20, when the organiser is established outside the European Economic Area, the retailer takes ex lege the organiser status, in terms of the responsibility for the performance of the package (Article 13), price reduction and damages compensation (Article 14), exchange of information – messages, requests, complaints – with the traveller (Article 15), obligation to assist (Article 16) and finally refunds or repatriations resulting from the breach of the extra-community operator (Article 17). Unless it has been proved that the organiser established outside the European Economic Area fulfils the conditions set out in those provisions. Finally, the retailer’s right of seeking redress over service providers or any third party in respect of compensation, price reduction or any other compensation that he has paid to travellers provided that the chargeable event is attributable to them (Article 22).