Collective Commentary about the New Package Travel Directive

ARTICLE 5 | JOSEP MARIA BECH SERRAT 219 package travel contract is concluded through the Internet 12 . Regarding this, I do not detect any contradiction between these norms, insofar as the information refers to different items. As for distance contracts and off-premises contracts, the information only has to be given before the conclusion of the contract, the same as provided in Art. 5 of the new Package Travel Directive 13 . The traveller must be provided with information set out in points (a) to (h) of Art. 5(1) where a package travel contract is concluded by telephone, yet the organiser or retailer must provide the traveller with the standard information set out in Part B of Annex I in this case (Art. 5(1), second paragraph); and the same information required applies to packages purchased from separate traders through linked online booking processes where the traveller’s name, payment details and e-mail address are transmitted from the trader, with whom the first contract is concluded, to another trader or traders and a contract with the latter trader or traders is concluded, at the latest 24 hours after the confirmation of the booking of the first travel service. This is so, insofar as the information is relevant for the respective travel services they offer. Yet in this case the organiser must also provide, at the same time, the standard information by means of the form set out in Part C of Annex I (Art. 5(2) in relation to point (b)(v) of point 2 of Art. 3 of the new PTD). 2. A TRADITIONAL MANDATORY DISCLOSURE MODEL 2.1. Some weaknesses of standardised information The new Package Travel Directive is departing from the focus on the trader and, therefore, the traditional approach initiated with the Doorstep Selling Directive 85/577 and the early case law ruled by the Court of Justice of the European Union (hereafter CJEU) 14 . The idea behind these pre-contractual information obligations is that if, and when, consumers are properly informed about the main characteristics of the goods or services offered to them, they will conclude contracts that are in their best interests 15 . Imposing duties of disclosure on the 12 The E-Commerce Directive 2000/31/EC ( OJ 2000 L 178/1) (hereafter the E-Commerce Directive) was not replaced by the new Package Travel Directive, meaning that these rules will be applicable when pre-contractual information is provided by the organiser or retailer. See Recital (27) of the new Package Travel Directive. 13 Art. 6(1) CRD. As for the relation between the E-Commerce Directive and the Consumer Rights Directive, see Art. 6(8) CRD. 14 See C-120/78 Rewe v Bundesmonolverwaltung für Branntwein (Cassis de Dijon) [1979] ECR 649. 15 Loos, “Precontractual information obligations for package travel contracts”, cit., p. 125.