Collective Commentary about the New Package Travel Directive

316 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE However, it should also be taken into account that the retailer will be subject to the same obligations as the organiser when he is established outside the European Economic Area, unless the retailer proves that the organiser meets the provisions set forth in chapters IV and V of the Directive. Moreover, the retailer will be held liable together with the organiser for providing the pre-contractual information (article 4) and according to article 19 a retailer that has agreed to organise the booking of a travel package or assisted travel arrangements, or who facilitates the booking of these services, will be liable for any error that occurs in the booking process, unless the error is attributable to the traveller or to unavoidable and extraordinary circumstances. The traveller may address messages, complaints or claims in relation Furthermore, the retailer shall act as intermediary for the organiser in the sense that the traveller may address messages, complaints or claims in relation to the performance of the package directly to the retailer, who shall forward these messages to the organiser without undue delay. The retailer or trader that has agreed to organise the booking of a travel package or assisted travel arrangements will be held liable for any error that occurs in the booking process unless these errors are attributable to the traveller or to unavoidable and extraordinary circumstances, and shall be liable in the case of the non-performance of the prior required duties of information. 4. LIABILITY OF THE TRADER WHO FACILITATES LINKED TRAVEL ARRANGEMENTS To deal with the question, recital 13 of the Directive forms the starting point: “Specific rules should be laid down for both high street and online traders which assist travellers, on the occasion of a single visit or contact with their point of sale, in concluding separate contracts with individual service providers and for online traders which, for instance, through linked online booking processes, facilitate in a targeted manner the procurement of at least one additional travel service from another trader, where a contract is concluded at the latest 24 hours after the confirmation of the booking of the first travel service” . Regarding the relationship between different traders, this recital continues to state that: “Such facilitation will often be based on a commercial link involving remuneration between the trader who facilitates the procurement of additional travel services and the other trader, regardless of the calculation method of such remuneration which might, for instance, be based on the number of clicks or on the turnover”.