Collective Commentary about the New Package Travel Directive

274 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE anything else. Italian case lawhas already proven to be alignedwith this approach 22 , for example, considering a substantial change the anticipation or postponement of the flight departure times and has sentenced travel organisers who had not informed the traveller in due time about said change to pay damages 23 . According to the Decree, the right to change also applies whenever the company cannot satisfy the peculiar requests of the consumer, accepted at the time the contract is signed 24 . The remarks on whether it is appropriate or not to trace back this hypothesis to the content of article 40, second paragraph are still applicable but the problem has been raised by the Directive, not by its transposition. If the traveller decides to withdraw, the organiser may offer an equivalent or lower replacement package 25 and, therefore, appropriately reduce the consideration, or may present a higher one, but, in this case, he has no right to demand payment of an increased fee, as mentioned. The effects of the withdrawal and the non-acceptance of another package are regulated in the last paragraph of art. 40, in the same terms of art. 11 (5) of the Directive; the company must repay all the payments within fourteen days of the withdrawal, again without any deviation from Italian law compared to the European one. 3. FURTHER MODELS OF TRANSPOSITION OF ARTICLES 10 AND 11 OF THE DIRECTIVE With the ordonnance n. 2017 – 1871 of 2017 26 , France has implemented the new Directive with corresponding modifications of the Code du tourisme 27 and, therefore, of the articles L. 211 – 12 and L. 211–- 13 relative to contractual changes before departure. Although the French legislator has recognised the power to act on the price, a maximum raising threshold has been set only with 22 See Rome District Court Judgment of November 26, 2003, in Dir. tur., 2004, 232; Turin District Court Judgment of 21 November 2003, in Giur. it. rep. , 2003. 23 See Monza District Court Judgment 19 May 2003, in Giur. it. rep., 2003. 24 See art. 40, second paragraph, of the legislative decree no. 62 of 2018. 25 See art. 40, fourth paragraph, of the Legislative Decree no. 62 of 2018. 26 See l’ordonnance n. 2017 – 1717 du 20 décembre 2017 portant transposition de la directive 2015/2302/EU du Parlement européen et du Conseil du 25 novembre 2015 relative aux voyages à forfait et aux prestations de voyage liées. 27 See Jégouzo, Directive travel service: what’s new for tour operators regarding termination of the contract?, in Aa. Vv., The New Package Travel Directive, Eshte, 2017, 114 and the following.