Collective Commentary about the New Package Travel Directive

ARTICLE 3 | VINCENZO FRANCESCHELLI AND CARLOS TORRES 131 of the information and which allows the unchanged reproduction of the information stored” 18 . However, the NPTD not being required permanent storage and access to the information. Many Articles in NPTD demand durable medium. Although generously for companies, the development of the contractual will may have been formed through links (Article 5/1 and annexes), at the time of conclusion of the contract “or without undue delay thereafter, the organiser or retailer shall provide the traveller with a copy or confirmation of the contract on a durable medium” (Art. 7/1). The definition de ‘durable medium’ is similar to that contained in Directive 2011/83/EU, with respect to off-premises contracts as defined in point 8 of Article 2 of Directive 2011/83/EU, a copy or confirmation of the package travel contract shall be provided to the traveller on paper or, if the traveller agrees, on another durable medium. Also concerning the content of the package travel contract and documents to be provided before the beginning of the package travel, when the organiser receives the information that a click trough package has been created, he immediately provides the traveller with the information referred to in Article 7/2, points (a) through (h), on a durable medium (Art. 7/3). The traveller’s possibility having himself replaced by another person who fulfils all the conditions, requires him to provide the organiser with a reasonable notice of at least 7 days before the start of the journey, on a durable medium (Art. 9/1). Furthermore, in the event of a price change, the organiser must notify the traveller in a clear and comprehensible manner, to be accompanied with a justification for the change and the respective calculations, on a durable medium, no later than 20 days before the start of the package (Art. 10/3). If there is a possibility of amending elements of the package travel contract other than the price, the organiser must notify them to the traveller. The Swedish legislator considered not to include some of the definitions in the New Package Travel Directive, such as establishment, durable medium, etc. The reason for this is that these wordings or phrases are defined in other legislations where their meaning is evident. We can consider as durable media the Universal Serial Bus (USB), the Compact Disc Read-Only Memory (CDROM), the Digital Versatile Disc 18 Article 5/3 of the “Proposal”.