Collective Commentary about the New Package Travel Directive
Article 15 Possibility to contact the organiser via the retailer Without prejudice to the second subparagraph of Article 13(1), Member States shall ensure that the traveller may address messages, requests or complaints in relation to the performance of the package directly to the retailer through which it was purchased. The retailer shall forward those messages, requests or complaints to the organiser without undue delay. For the purpose of compliance with time-limits or limitation periods, receipt of the messages, requests or complaints referred to in the first subparagraphby the retailer shall be considered as receipt by the organiser. Dr. Andrej Mićović 1 Meaning and purpose; Notion of retailer; Context; Transposition. MEANING AND PURPOSE In order to facilitate communication between the contract parties, in particular in cross-border cases, Directive 2015/2302/EU 2 imposed the obligation to Member States to ensure that travellers may also contact the organiser via the retailer through which they purchased the package, regardless of whether the retailer is also responsible for the performance of the package according to 1 Assistant Professor at the Faculty of Hotel Management and Tourism in Vrnjačka Banja, University of Kragujevac, Vojvođanska 5A, 36210 Vrnjačka Banja, Serbia, tel: (+381 36) 515 00 24 , andrej.micovic@kg.ac.rs . 2 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC, OJ L 326, 11.12.2015, p. 1–33. Hereinafter: PTD.
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