Collective Commentary about the New Package Travel Directive

238 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE type of terms require extra attention, and (2) what degree of attention must be drawn to such terms 13 . Moreover, there will also be some information that is not of contractual character, so the transparency requirement will not be applicable. Regarding this, Art. 7(5) of the new Package Travel Directive establishes that “[i]n good time before the start of the package, the organiser must provide the traveller with the necessary receipts, vouchers and tickets, information on the scheduled times of departure and, where applicable, the deadline for check-in, as well as the scheduled times for intermediate stops, transport connections and arrival” 14 . This information is not of contractual character and it may be provided to the traveller after the conclusion of the package travel contract. Indeed, since EU Consumer Law regulation too often requires providing information at a time when the consumer does not (yet) need it 15 , providing the traveller with information at different stages – as Arts. 3 and 4(1) and (2) of the old Package Travel Directive laid down – is a good strategy for the effectiveness of the information obligations. The traveller is more likely to pay attention to information regarding the scheduled times of departure when such information is provided in good time before the start of the package rather than when the contract is concluded 16 . All this information shall be provided so that the traveller has time to examine the information and, where appropriate, to make decisions regarding the issues, e.g. purchasing a bus transfer to the airport when this is not included in the package travel. 13 Schaub, “How to Make the Best of Mandatory Information Requirements in Consumer Law”, cit., pp. 35 and 38-39, wonders if it is enough to mention such terms separately at some point during the ordering process, or should they be presented in such a way as to make it impossible for the consumer to overlook the term before starting the ordering procedure. For example, regarding Art. 5 CRD, Schaub hold that information on the total price can be considered more important than the traders’ telephone number when one is contemplating concluding a contract and therefore the total price should be presented in a more prominent manner. 14 Some improvements were made with Art. 7(5) of the new Package Travel Directive when information on the scheduled times of departure and, where applicable, the deadline for check-in was added; and details of the place to be occupied by the traveller in the means of transport provided in Art. 4(1)(b)(i) of the old Package Travel Directive as pre-contractual information, e.g. cabin or berth on ship, sleeper compartment on train, were omitted since these details sometimes are unknown in advance. 15 Christian Twigg-Flesner and Reiner Schulze, “Protecting rational choice: information and the right of withdrawal”, in Geraint Howells, Ian Ramsay and Thomas Wilhelmsson with David Kraft (Eds.), Handbook of Research on International Consumer Law , Edward Elgar, Cheltenham and Northampton, 2011, 130-157, p. 144. 16 Cf. Art. 4(1)(b)(i) of the old Package Travel Directive. Information on other issues contained in Art. 4(1)(b) of the old Package Travel Directive – contact details of the organiser local representative and minors travelling abroad, cancellation insurance – shall be given previously in accordance with Art. 7(2) lits. (d) and (f) and Art. 5(1) lit (h) of the new Package Travel Directive.