Collective Commentary about the New Package Travel Directive

364 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE (Art. 7. Para. 2 (e) in relation to Art. 13. para. 2 PTD) and he will fulfil this requirement by contacting the organiser via the retailer through which the package was purchased (Art. 15 PTD). The duty to co-operate is proposed by the provisions of the Acquis Principles, Principles of European Contract Law (PECL) and Draft Common Frame of Reference (DCFR). Namely, the debtor and creditor must co-operate with each other to the extent that this can reasonably be expected for the performance of the obligation (Art. 7:104 of the Acquis Principles). Each party owes to the other duty to co-operate in order to give full effect to the contract (Art. 1:202 PECL). The co-operation principle is based on the loyal and faithful behaviour of the parties involved and it is therefore an example of the application of a more general principle of good faith 9 . According to Art. IV.C.–2:103 DCFR, (1) obligation of co-operation requires in particular: (a) the client to answer reasonable requests by the service provider for information in so far as this may reasonably be considered necessary to enable the service provider to perform the obligations under the contract; (b) the client to give directions regarding the performance of the service in so far as this may reasonably be considered necessary to enable the service provider to perform the obligations under the contract; (c) the client, in so far as the client is to obtain permits or licences, to obtain these at such time as may reasonably be considered necessary to enable the service provider to perform the obligations under the contract; (d) the service provider to give the client a reasonable opportunity to determine whether the service provider is performing the obligations under the contract; and (e) the parties to co-ordinate their respective efforts in so far as this may reasonably be considered necessary to perform their respective obligations under the contract. (2) If the client fails to perform the obligations under paragraph (1)(a) or (b), the service provider may either withhold performance or base performance on the expectations, preferences and priorities the client could reasonably be expected to have, given the information and directions which have been gathered, provided that the client is warned in accordance with IV.C.–2:108 (Contractual obligation of the service provider to warn). (3) If the client fails to perform the obligations under paragraph (1) causing the service to become more expensive or to take more time than agreed on in the contract, the service provider is entitled to: (a) damages for the loss the service provider sustained as a consequence of the nonperformance; (b) an adjustment of the time allowed for supplying the service. 9 Ibid, p. 354.