Collective Commentary about the New Package Travel Directive

ARTICLE 3 | MARC MC DONALD 171 Five categories of website are used below to group the many different travel websites. This categorisation is not exact 39 , boundaries can be blurred, overlaps occur 40 . It is used here for only one purpose, to have a framework within which to present an attempt at identifying whether a site acts as an organiser or facilitator under the newDirective. Bear in mind that a website, depending on its different sales channels, may be an organiser for one sale and a facilitator for another and, further, that because a website is mentioned in one list below does not mean it cannot also fit into another list. The lists are for illustrative purposes only. The categories used are comparison, airline, accommodation, members-only and tour operators. A price comparison website which: 1. Compares prices only is not an organiser or facilitator [ probably non- -existent ]. 2. Compares prices and itself sells a single service [flight or car hire or hotel only, as principal or agent] is not an organiser or facilitator [ Travelocity, Tripadvisor-Instabook ]. 3. Compares prices and directs consumers to another trader’s website to make bookings is not an organiser or facilitator [ Skyscanner, Trivago, Kayak ]. 4. Compares prices and itself sells a service and directs consumers to another trader’s website to make a second booking, is a facilitator . 5. Compares prices and itself sells two services at a total price is an organiser . [Lastminute, Expedia]. An airline website which: 6. Sells flights only is not an organiser or facilitator. 7. Sells flights and accommodation/car hire combined [pre-selected or selected by a consumer] at a total/inclusive price is an organiser. 8. Sells flights and directs consumers to another trader’s website to make a booking within 24 hours for hotels/car hire is a facilitator. [Outside 24 hours it’s just two separate bookings]. 9. Sells flights and directs consumers to another trader’s website to make a booking within 24 hours for hotel/car hire and transfers consumer data to the other website, is an organiser. [Outside 24 hours it’s just two separate bookings] [Ryanair- Booking.com]. 39 Different categories may be used by marketing or technology professionals, but readers without such backgrounds may find the categories used here helpful. 40 A one-stop online travel shop like Expedia illustrates this. Among its offerings are accommodation, flights, packages and members-only websites.