Collective Commentary about the New Package Travel Directive

ARTICLE 13 | FRANCESCO MORANDI AND CHIARA TINCANI 327 designs or sells or facilitates package travel, with reference both to the organiser and to the retailer. According to art. L. 211 – 16 – I, first paragraph, of the Tourism Code, they free themselves by proving that the non-fulfilment is attributable to one of the causes of exemption provided for both; attributable either to the behaviour of the traveller or to the unpredictable or inevitable conduct of a third party, unrelated to the provision of services, or to unavoidable and extraordinary circumstances. In a more assertive way, according to art. L. 211 – 16 – I, second paragraph, of the Tourism Code, the traveller can also send, to the retailer, messages, requests or complaints regarding discrepancies found during the trip, and their reception postulates a presumption of knowledge on the part of the organiser. In general, the provision strengthens the protection of the traveller, free to choose who to take action against, without the risk of being faced with exceptions relating to the various agreed obligations. France therefore preferred to choose the model of convergent and identical responsibility for the subject, thus respecting the limits imposed by art. 13 of the Directive. Article L. 211 – 10 reproduced art. 7, with the appropriate adaptations: the contracts must be expressed in a simple language and, at the time of stipulation or at a later stage, without undue delay, the organiser or the retailer must deliver a copy to the traveller, on a durable medium. Furthermore, the contract must clarify the content, indicating the specific requests accepted by both the organiser and the intermediary. Finally, in good time, prior to departure, the traveller must be provided with receipts, vouchers, tickets, as well as all useful information. The provisions of the third chapter of the directive regarding the modification of the so-called package purchase contract have been reformulated, prior to the start of the journey. Thus, by way of example, with regard to a price revision, both the organiser and the intermediary must notify the changes clearly and they must justify the changes (Article L. 211 – 12, third paragraph). Moreover, according to art. L. 211 – 13, paragraph 1, before departure, they can vary the negotiated content, provided that they have reserved this right, that the modification is of little importance and that they have communicated it in an understandable manner. According to art. L. 211 – 13, last paragraph, if, prior to the beginning of the trip, the organiser or the retailer are forced to change significantly some relevant features of the services, due to the occurrence of events unrelated to their sphere of control, they must inform the travellers, in order to allow them to withdraw, without incurring penalties, or having to accept the modification. Finally, regarding the new art. L. 211 – 18 – I, the provisions relevant to Chapter