Collective Commentary about the New Package Travel Directive

132 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE (DVD), memory cards or a computer’s hard drive. These will allow the consumer or the supplier of goods or the service provider to store the information personally addressed to them, and later access it for the appropriate time to the purpose of the information, allowing its unchanged reproduction. In Case C48/11, Content Services Ltd. versus Bundesarbeitskammer, of 5 July 2012, the Court of Justice ruled that “Article 5(1) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts must be interpreted as meaning that a business practice consisting of making the information referred to in that provision accessible to the consumer only via a hyperlink on a website of the undertaking concerned does not meet the requirements of that provision, since that information is neither ‘given’ by that undertaking nor ‘received’ by the consumer, within the meaning of that provision, and a website such as that at issue in the main proceedings cannot be regarded as a ‘durable medium’ within the meaning of Article 5(1)”. 4.16. Trader, Organiser, Retailer and Establishment; the Market: fromTravel Agents to Internet The definitions of ‘trader’, ‘organiser’ and ‘retailer’ include all the possible subjects connected to the travel – and tourist – activities, and so we can conclude that the Directive tries to go beyond the traditional concepts of Tour Operator and Travel Agents. The definition of ‘establishment’ recalls the broad concept expressed in the Directive 2006/123/EC on services in the internal market. In general, we may say that the Directive adapts itself to the digital revolution and to globalisation, following the effect of the digital revolution. More and more travel – and tourist – contracts are stipulated through the Internet, making necessary a new approach to assure protection. 4.17. Definition (12) – Unavoidable and Extraordinary Circumstances The twelfth definition of the 2015/2302 Directive deals with unavoidable and extraordinary circumstances, which, according, means “a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken”. It may be noticed that Art. 5(3) of the Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied