Collective Commentary about the New Package Travel Directive

ARTICLE 19 | PATRICIA BENAVIDES VELASCO 441 which is how it considers the businessman as different from the one that provides a round trip ticket. The Directive templates known as Part D and Part E are intended to give the information to the traveller that contracts different travel services for the same vacation by signing different contracts with each one of the service providers, if one businessman specifically provides to other businessman the contracting of – at least – one additional travel service, provided that that contract is concluded – at the most – twenty-four hours following from the confirmation of the booking of the first travel service. Template D is intended to be used by the carrier companies selling a round trip ticket, whilst template E must be used by companies that differ from the carrier but distribute round trip tickets. In both cases they intend to commercialize their services online. The information considered in both templates is almost the same. The traveller is informed that if he books additional travel services for his vacation using the links included in the website, he will not enjoy the rights that are provided for travel packages. That is the reason why the company with whom they are contracting does not assume any liability regarding the proper execution of such additional travel services. If the traveller has any issues, he must contact the corresponding service provider. However, if the traveller books additional travel services using links within 24 hours following the confirmation of the booking by the first company, such services will become a part of the linked travel arrangements. In this case, the traveller must be informed that the company has contracted a security to protect him in terms of the restitution of the payments made for the services that are not executed as a consequence of its insolvency. Nevertheless, it stresses the fact that such restitution will not take place in the case of insolvency of the relevant service provider. Template D also considers that the guarantee will cover the traveller’s repatriation, along with the restitution of the amounts. The traveller will receive further information using a hyperlink. In particular, the information about the guarantor company responding in case of insolvency, with the possibility of the traveller contacting this company or, when needed, the relevant authority. This hyperlink must contain all the contact details: name, geographical location, email and telephone number. This hyperlink also has to offer information about the fact that the protection against insolvency does not include contracts with third parties different from the company, which are liable to be executed despite its insolvency.

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