Collective Commentary about the New Package Travel Directive

ARTICLE 4 | PILAR JUANA GARCIA SAURA 209 travel contract if the changes alter significantly the main characteristics of the travel services. This could be the case, for instance, if the quality or the value of the travel services diminishes. In specific situations, the organiser should also be entitled to terminate the package travel contract before the start of the package without paying compensation, for instance if theminimumnumber of participants is not reached and when that possibility has been reserved in the contract. In that case, the organiser should refund all payments made in respect of the package. On the other side, the right of the traveller to terminate the package travel contract at any time before the start of the package is also harmonised. 3. Chapter IV of Directive 2015/2302 harmonises all the aspects related to the performance of the package . The main characteristic of package travels is that there is a trader who is responsible as an organiser for the correct performance of the package, irrespective of whether those services are to be performed by the organiser or by other travel service providers. This responsibility should be highlighted, although the directive gives discretion to the Member States to hold retailers also responsible for the performance of the package travel. The substantive harmonisation of the performance of the package travel also includes the right of the traveller to a price reduction for any period during which there was lack of conformity, unless the organiser proves that it is attributable to the traveller, and to a compensation for damages. Likewise, the organiser is obliged to give appropriate assistance to the traveller who is having difficulties, as well as to facilitate the reception of messages, requests or complaints from the traveller and to facilitate the possibility to contact the organiser via the retailer. 4. Chapters V and VI, related to the traveller’s protection against insolvency of organisers of packages and linked travel arrangements, are clear examples of the protectionist character towards the travellers of Directive 2015/2302 and an innovation as far as the previous regulation is concerned. The directive imposes the obligation to provide security for the refund of all payments made by travellers in the event that the contract is not performed as a consequence of the trader’s insolvency. This will mean that the security has to cover a sufficiently high percentage of the organiser’s turnover. Given the differences in national law and practice regarding the parties to a package travel contract and the receipt of payments made by or on behalf of travellers, Member States should be allowed to require retailers to take out insolvency protection as well.