Collective Commentary about the New Package Travel Directive

324 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE responsible, but national rights can define the position of the intermediary differently. This option has a negative value, because it does not regulate the retailer’s obligations, rather it imposes a dual constraint. Firstly, based on national law, if retailers are obliged to fulfil the contract, their position does not affect that of the organiser and is not an alternative to the latter’s responsibility. Secondly, if the Member State identifies an intermediary’s responsibility, they must guarantee adherence to art. 7 and the third, fourth and fifth chapters. Essentially, organisers are always obliged to carry out the package travel, however, internal regulations may include additional responsibility on the part of the intermediary. If the State can regulate it autonomously, it shouldn’t flout the prescriptive content of some provisions, pursuant to art. 13, par. 1, sub-par 2, and it should ensure compliance with the criteria considered fundamental, by the retailer as well. Accordingly, the national regulation must configure the contract between the retailer and the traveller in compliance with what is stipulated in the pre- -contractual information obligations provided by art. 7, on the powers of unilateral modification of the contract regulated by the third chapter, on the responsibility of the organiser regulated in the fourth chapter and on the principles of the fifth chapter, regarding guarantees in case of insolvency. The obligation of the intermediary neither overlaps nor coincides with that of the organiser and, actually, it is not examined by European Union law, but by national law, with different solutions. However, the regulation of the relationship between travellers and retailers must be consistent with some parts of the Directive that are considered significant 14 . In brief, with regard to the duties of the intermediary, national law must be established in accordance with the European Union provisions, regarding the activity of the organiser. The result is a complex system of partial freedom for each member country, with its regulating power conditioned by the observance of certain sections of the directive, being the reasons for the relative choice undoubtedly worthy of discussion. The European Union legislator, being oriented towards the consideration of the international market, in an attempt to identify a balance between the 14 Art. 13, par. 1, comma 2, of Directive (EU) 2015/2302 .