Collective Commentary about the New Package Travel Directive

ARTICLE 15 | ANDREJ MIĆOVIĆ 365 The extent of the co-operation is limited by the objective criterion of “reasonable expectations” (a debtor performs its obligation in order to meet the reasonable expectations of the creditor), which depends on the nature and the purpose of the contract, on the facts and the circumstances of the case, on the usage, customs and practices followed between the parties, as well as by professionals in the affected markets and any expertise held by the parties 10 . TRANSPOSITION While most Member states followed the wording of the Directive, stating that the traveller may address messages, requests or complaints in relation to the performance of the package directly to the travel agent through which it was purchased (e.g. Austria 11 , France 12 , Italy 13 , Spain 14 ), certain countries adopted a different wording. For example, Belgium adopted a stronger formulation in favour of the traveller, since he must be able to address those messages, requests or complaints in relation to the performance of the package directly to the retailer through which it was purchased. InGreece and Cyprus, the traveller “ shall have the right to communicate 10 Aubert de Vincelles, C., Machnikowski, P., Pisuliński, J., Rochfeld, J., Szpunar, M., Zoll, F., op. cit., p. 355. 11 The traveller may address messages, requests or complaints in relation to the performance of the contractually agreed travel services directly to the retailer through which the traveller concluded the package travel contract. The retailer shall forward these messages, requests or complaints to the organiser without undue delay. For the purpose of compliance with time-limits, receipt of a declaration by the traveller relating to such messages, requests or complaints by the retailer shall also be considered receipt by the organiser (Section 13 BGBl). Available at: https:// ec.europa.eu/info/sites/info/files/at_bgbl_i_nr._50_v._24.4.2017_tra_en_0.pdf, p. 7. 12 The traveller may address messages, requests or complaints in relation to the performance of the contract directly to the retailer through which the trip or holiday was purchased. The retailer shall forward those messages, requests or complaints to the organiser as soon as possible. For the purpose of compliance with time-limits or limitation periods, receipt of the messages, requests or complaints by the retailer shall be considered as receipt by the organiser (Article L. 211-16, Order No 2017-1717 of 20 December 2017 transposing Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements). Available at :https://ec.europa.eu/info/sites/info/files/fr_en_order_no_2017-1717_on_package_travel_and_lta.pdf. 13 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 promptly forward those messages, requests or complaints to the organiser. For the purpose of compliance with time-limits or limitation periods, receipt of the messages, requests or complaints referred to in subparagraph 1 by the retailer shall be considered as receipt by the organiser (Art. 44 of Legislative Decree No. 62 of 21 May 2018). Available at: https://ec.europa.eu/info/sites/info/ files/translation.pdf, p. 22. 14 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 by the retailer shall be considered as receipt by the organiser (Art. 163 of the Royal Decree-Law No 23/2018 of 21 December 2018). Available at: https://ec.europa.eu/info/ sites/info/files/boe-a-2018-17769_tra_en_7.pdf, p. 16.