Collective Commentary about the New Package Travel Directive

ARTICLE 16 | VALÉRIE AUGROS 375 package contract, they can be assisted should they be in difficulty during their holiday. This obligation has to be expressly stipulated in the travel package contract. Notably, this does not exist for any other type of travel contracts (e.g. in case of the sale of a single travel service or of linked travel arrangements). Moreover, some information contained into the package contract is the corollary of this obligation. Indeed, to be effective, the travellers will not only need to be aware of the assistance obligation by the organiser or the retailer, but they will also need to know how to exercise their right and how to contact the organiser. For this reason, the contact information of a local representative has to be clearly stated into the package contract 8 . Furthermore, such information should be efficient and enable the traveller to contact quickly the organiser and/or his local representative. The professional shall be prudent and ensure that the information remains accurate for the duration of the travel. Nonetheless, it appears that the failure to stipulate such information is not sanctioned in the Directive nor in the tourism code. The package contract which fails to expressly mention the obligation to provide assistance alongside the relevant contact information will not be void as such, unless a vitiated consent can be demonstrated 9 . Once the package has begun, it would be in the best interest of the travellers to benefit from an effective assistance when needed rather than seeking the nullity of his package contract. The absence of the above stipulations will not exempt the professionals from assisting their clients in difficulty. They may even have to compensate their clients if this failure resulting from a delay in obtaining assistance caused them a damage. In addition, it should be outlined that the Directive did not particularly innovate in requiring an obligation to provide assistance. The former travel directive 10 already provided for the supply of appropriate contact details in case the travellers were in difficulty during their holiday and for giving them “prompt assistance” should they need it. However, this obligation of assistance was not defined in the directive of 1990 and was regulated under the provisions relating to the responsibility of the organiser. This certainly caused 8 Article 7 (2) (b) (ii) and (d) of the Directive. The information should include the name, address, telephone number, e-mail address and, where applicable, the fax number of the organiser’s local representative, of a contact point or of another service which enables the traveller to contact the organiser quickly and communicate with him efficiently, to request assistance when the traveller is in difficulty. 9 Droit du tourisme – L. Jegouzo, LGDJ 2018 2 nd ed., §498-499. 10 EC Directive 90/314 of 13 June 1990 on package travel, package holidays and package tour, Article 4 (1) (b) (ii).