Collective Commentary about the New Package Travel Directive

chapter vi LINKED TRAVEL ARRANGEMENTS Article 19 Insolvency protection and information requirements for linked travel arrangements 1. Member States shall ensure that traders facilitating linked travel arrangements shall provide security for the refund of all payments they receive from travellers insofar as a travel service which is part of a linked travel arrangement is not performed as a consequence of their insolvency. If such traders are the party responsible for the carriage of passengers, the security shall also cover the traveller’s repatriation. The second subparagraph of Article 17(1), Article 17(2) to (5) and Article 18 shall apply mutatis mutandis . 2. Before the traveller is bound by any contract leading to the creation of a linked travel arrangement or any corresponding offer, the trader facilitating linked travel arrangements, including where the trader is not established in a Member State but, by any means, directs such activities to a Member State, shall state in a clear, comprehensible and prominent manner that the traveller: (a) will not benefit from any of the rights applying exclusively to packages under this Directive and that each service provider will be solely responsible for the proper contractual performance of his service; and (b) will benefit from insolvency protection in accordance with paragraph 1.

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