Collective Commentary about the New Package Travel Directive

Article 21 Liability for booking errors Member States shall ensure that a trader is liable for any errors due to technical defects in the booking system which are attributable to him and, where the trader has agreed to arrange the booking of a package or of travel services which are part of linked travel arrangements, for the errors made during the booking process. A trader shall not be liable for booking errors which are attributable to the traveller or which are caused by unavoidable and extraordinary circumstances. Sarah Prager 1 1. Liability of traders for booking errors under the Package Travel, Package Holidays and Package Tours Directive 1990; 2. The rationale for the modifications made by virtue of the provisions of the Package Travel and Linked Travel Arrangements Directive 2015; 3. The effect of Article 21 of the new Directive: the duty; 4. The effect of Article 21 of the new Directive: the limitation of the duty. 1. LIABILITY OF TRADERS FOR BOOKING ERRORS UNDER THE PACKAGE TRAVEL, PACKAGE HOLIDAYS AND PACKAGE TOURS DIRECTIVE 1990 The old Directive did not make specific provision for liability for booking errors. Pursuant to Article 3(2), of course, brochure particulars were binding on the organiser or retailer of the holiday; and under Article 5, where an organiser 1 Barrister, 1 Chancery Lane, SPrager@1chancerylane.com.