Collective Commentary about the New Package Travel Directive

172 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE An accommodation website which: 10. Sells accommodation only as principal or agent is not an organiser or facilitator [Leading Hotels of the World, Relais&Chateaux, Best Western, Hotels.com, Booking.com]. 11. Sells accommodation and flights/car hire combined [pre-selected or selected by a consumer] at a total/inclusive price is an organiser [Expedia]. 12. Sells accommodation and directs consumers to another trader’s website to make a booking within 24 hours for flights/car hire is a facilitator. [Outside 24 hours it’s just two separate bookings]. 13. Sells accommodation and directs consumers to another trader’s website to make a booking within 24 hours for flight/car hire and transfers the consumer’s data to the other website, is an organiser. [Outside 24 hours it’s just two separate bookings] [unusual]. Special deal restricted access/members-only website which: 14. Directs members to another trader’s website to book single service is not an organiser or facilitator [publicsector.groupschemes.com – hotelsIreland.com]. 15. Directs members to another trader’s website to book two services at a singleprice is not anorganiser or facilitator [groupon.com– clearskyholidays. com, publicsector.groupschemes.com – clickandgo.com. Tour operator website which: 16. Sells packages only is an organiser. 17. Sells packages [e.g. accommodation and tickets] and directs consumers to another trader’s website to make a booking within 24 hours for flights/car hire is a facilitator. [Outside 24 hours it’s two separate bookings]. 18. Sells a package [e.g. accommodation and tickets] and directs consumers to another trader’s website to make a booking within 24 hours for flight/ car hire and transfers the consumer’s data to the other website, is an organiser. [Outside 24 hours it’s just two separate bookings – a package and a separate travel service]. 7. CLOSER LOOK AT THE NEW INSOLVENCY PROTECTION REGIME Unlike the old rule in Article 7 of Directive 90/314 which was, as already noted, expressed in three lines in one article, the new rules in Directive 2015/2302 are