Collective Commentary about the New Package Travel Directive

260 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE eight percent; if this threshold is exceeded the traveller can decide whether to accept the change or to renounce the trip. Furthermore, in case the amount increases beyond the threshold, the right of withdrawal granted by art. 11, paragraph 2 applies and the tour organiser must inform the traveller; indeed, the organiser must communicate this change “in a clear, comprehensible and prominent manner” 13 , along with its justification, on a “durable medium” 14 , at least twenty days before departure. Art. 11 regulates the other modifications of the negotiation clauses, with significant innovations. With the new rules the organiser may, if the contract allows it, modify the conditions unilaterally before departure, provided the change is of little importance and the traveller is informed “in a clear, comprehensible and prominent manner on a durable medium” 15 . This hypothesis was not mentioned in the previous regulation, according to which the contract could be changed unilaterally only as a result of changes in essential elements which could change the consideration 16 . Other important innovations are provided in art. 11, paragraph 2, on the characteristics of the services, on their transformation and on the possible reactions of the tourist. The article regulates in detail all the mandatory information requirements needed to apply the ius variandi. Furthermore, pursuant to art. 11, paragraph 5, if the traveller cancels or rejects an alternative package, the organiser must refund all payments without delay and, in any case, within fourteen days. Finally, again in art. 11, paragraph 5, there is an explicit reference to the regulations on damage compensations set in art. 14, to further complete the protection provided to the traveller. The spirit of articles 10 and 11 is clarified by the fact that the new Directive states that “organisers should be allowed to make unilateral changes to the travel package contract” and travellers “should have the right to terminate the travel package contract (.) if the changes alter significantly any of the main characteristics of the travel services” 17 , for example “if the quality or the value of the travel services diminishes.”. On the contrary, “Price increases should be possible only if there has been a change in the cost of fuel or other power sources for the displacement of passengers, in taxes or fees imposed by a third party not directly involved in the performance of the travel services (.) or in the exchange rates relevant to the package (.), 13 See art. 10, third paragraph, of the Directive 2015/2302/EU. 14 An E-mail is enough. 15 See art. 11, first paragraph, lett. c) of the Directive 2015/2302/EU. 16 See art. 4, fifth paragraph, of Directive 2015/2302/EU . 17 See Directive 2015/2302/EU, 33rd whereas clause.