Collective Commentary about the New Package Travel Directive

312 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE services provided for in the contract, whether these services are performed by the trader other travel service providers, without prejudice to the trader’s right of recourse against the latter. A trader that sells a holiday package referred to in Article L. 211- -1(I) (2) shall be automatically liable for the performance of the services provided for in the contract, without prejudice to the trader’s right of recourse against the latter. A trader may, however, escape some or all liability by proving that the lack of conformity is attributable to the traveller, to a third party unconnected with the provision of the travel services included in the contract and is unforeseeable or unavoidable, or to unavoidable and extraordinary circumstances. Where an organiser or retailer pays damages, grants a price reduction or meets the other obligations incumbent on them, the organiser or retailer may seek redress from any third parties which contributed to the event triggering the compensation, price reduction or other obligations”. But in the other countries, in general, the organiser has the responsibility in these cases. For instance, in the United Kingdom the Package Travel and Linked Travel Arrangements Regulations 2018 establishes that: “The organiser is liable to the traveller 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 ”. In Belgium, article 33 of the Law on the sale of package travel, linked travel arrangements and travel services establishes the liability of the organiser in case of non-performance of the travel services included in the package travel. One aspect that should be taken particularly into account is precisely the appearance with regard to the user of tourist services of what the “average consumer” can reasonably respect, which is aimed at protecting the new regulation with significant requirements regarding information, particularly the need to inform as to the actual nature of the services provided when they cannot be classed as package travel. This was precisely one of the problems that arose when consumers purchased tailored products over the internet and thought that they were covered by the protection rules provided for package travel. As regards liability, the wording of the finally approved text once again opens up the matter of the liability not just of the organiser but also of the retailer in packages. B. Consequences of non-performance In general terms, the organiser must resolve any lack of conformity during the performance of the package travel, except for in two situations. In the first, if this