Collective Commentary about the New Package Travel Directive

ARTICLE 7 | JOSEP MARIA BECH SERRAT 241 only provides that the organiser shall be responsible for the performance of the travel services included in the package travel contract, “irrespective of whether those services are to be performed by the organiser or by other travel service providers” 21 . Nevertheless, information obligations do also constitute “obligations as organiser”, which means that the organiser will be held liable for the trader as an auxiliary acting within the scope of their functions. Thus, I consider that liability for auxiliaries is not limited to providing travel services and is also extended to the performance of information obligations. The organiser will be acting as organiser throughout the whole process of concluding the package travel contract and, therefore, cannot be exonerated in the case where non- -performance of his information obligations are due to a trader that does not provide the organiser with the information necessary to comply. 21 Art. 13(1) of the new Package Travel Directive, first subparagraph.