Collective Commentary about the New Package Travel Directive

ARTICLE 19 | PATRICIA BENAVIDES VELASCO 437 conclusion of contracts with different travel services providers, including those that take place by linked booking processes and do not present the features of package travel. Nevertheless, we must consider that the Directive (recital 9) does not limit these services to the ones provided on the Internet, but it extends its scope to any other that is contracted in person. However, there seems to be no doubts that its true virtuality will produce its effects on online contracts, as we can gather from the information duties that traders assume before the formalization of the linked travel arrangements contracts, which are considered in the Annex II of the Directive. It is not trivial that most of the templates of standardized information focus on online contracts. These linked travel arrangements should not be mixed with the travel services that consumers book autonomously, even when they intend to contract them for the same trip or holidays. It is also relevant to distinguish online linked travel arrangements from those websites which the consumers access through a link, and whose scope is not the conclusion of a contract with the traveller (e.g. a banner). Neither does the scope of the Directive include those services offered by means of links, by which consumers are only informed of other travel services in a general way, without intentions by the operator to offer a booking or to sell such services. Because of the differences that this product presents from travel packages, it has not been considered adequate to bind them with all the obligations that are intended for travel packages. Despite these considerations andwith the aimof guaranteeing fair competition between operators, as well as increasing the level of protection of travellers, the businesses providing linked travel arrangements will be requested to comply with the same obligations. Thus they will offer a security to cover the reimbursement of the payments made by the traveller and, when relevant, the repatriation, if they incur in a situation of insolvency. Such security will be effective in the cases in which a travel service that’s part of a linked travel arrangement is not executed as a consequence of the insolvency of that provider. We have already indicated that in those situations the provisions of articles 17 and 18 of the Directive will be enforceable mutatis mutandis . So, in these cases we will have to consult the indications stipulated by such articles to consider the requested requirements and formalities 8 . 8 We forward to the comments to article 17 on this book.