Collective Commentary about the New Package Travel Directive

240 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Unlike the new regulation, lit. (a) of Art. 4(1) of the old Package Travel Directive prescribed for the “organiser and/or retailer” an obligation to inform before the contract was concluded, so this information was not to be provided in the contract. The rationale for the new rule is that the items of information are not related to making the decision to buy the services, but to their provision; so providing such information only makes sense once the decision to conclude the contract was taken. On the other hand, unlike lit a) of Art. 4(2) of the old PackageTravel Directive (“(a) depending on the particular package, the contract shall contain at least the elements listed in the Annex”), the information listed in Art. 7(2) of the new Package Travel Directive was not described as the minimum information required in the contract, which may be increased depending on the particular Package. In consequence, it is not clear whether additional information can be required from the organiser or retailer to form part of the content of the copy or confirmation of the contract, pursuant to good faith or fair trading. With reference to packages purchased from separate traders through linked online booking processes – as defined in point (b)(v) of point 2 of Art. 3 –, the trader to whom the data are transmitted must inform the organiser of the conclusion of the contract leading to the creation of a package. The trader is obliged to provide the organiser with the information necessary to comply with his obligations as an organiser 19 . As soon as the organiser is informed that a package has been created, the new Package Travel Directive prescribes that the organiser must provide the traveller with the information referred to in points (a) to (h) of paragraph 2 of Art. 7 on a durable medium 20 . However, it is assumed that content of the package travel contract in these cases must also set out the full content of the agreement which must include all the information referred to in points (a) to (h) of the first subparagraph of Article 5(1). Pre-contractual information requirements are also applicable to packages purchased from separate traders through linked online booking processes and no exception was made. Moreover, Member States should ensure that the organiser is responsible for the performance of information obligations even where a trader does not provide the organiser with the information necessary to comply. This particular was not expressly regulated and will be problematic. The new Package Travel Directive 19 Art. 7(3) of the new Package Travel Directive, first subparagraph. 20 Art. 7(3) of the new Package Travel Directive, second subparagraph.