Collective Commentary about the New Package Travel Directive
432 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 5. Most important is the Information Requirement, to give notice to the Traveller before the traveller is bound by a contract which leads to an LTA being created, i.e. before the second travel service is sold. The relevant forms are in Annex II, and can be adapted if needs be to suit the nature of the particular type of LTA. 6. The purpose of the Notice is to warn travellers that they are not getting the protections they would receive if they bought a package. This is in line with the philosophy of the Directive, that as many travellers as possible should receive package protection or, if that is not to be the case, that the traveller spurns these protections with eyes wide open. 7. There are 5 different types of Notice, reflecting the wide range of possible LTA’s. By way of example, we set out the version at Part E, which in practise (in the UK at least) seems to reflect the most common type of LTA. It goes: Standard information form where the trader facilitating an online linked travel arrangement within the meaning of point (b) of point 5 of Article 3 is a trader other than a carrier selling a return ticket. • If you book additional travel services for your trip or holiday via this link/ /these links, you will NOT benefit from rights applying to packages under Directive (EU) 2015/2302. • Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems please contact the relevant service provider. • However, if you book additional travel services via this link/these links not later than 24 hours after receiving the confirmation of the booking from our company/XY, those travel services will become part of a linked travel arrangement. In that case XY has, as required by EU law, protection in place to refund your payments to XY for services not performed because of XY’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider. • More information on insolvency protection (to be provided in the form of a hyperlink) Following the hyperlink the traveller will receive the following information: • XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). • Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY’s insolvency.
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