Collective Commentary about the New Package Travel Directive

472 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE In such circumstances the traveller has recourse against the organiser that put the package together by virtue of Art. 13 of the Package Travel Directive (PTD) 3 even though the organiser may not have been personally at fault. Thus the organiser may find themselves having to pay compensation to the traveller for the defaults of their suppliers: “Article 13.1 Member States shall ensure that the organiser is responsible for the performance of the travel services included in the package travel contract, irrespective of whether those services are to be performed by the organiser or by other travel service providers”. The question arises as to how the organiser can seek redress from the supplier of the component of the package that was defective. The PTD provides for this but before we examine the relevant provisions it would be useful to look at how an organiser could protect themselves without having direct resort to the Directive. 2. CONTRACTUAL PROTECTION In regard to what could be called a conventional organiser – a tour operator who contracts with suppliers and puts the components of the package together before offering them to travellers, either online or in a brochure – the first thing they need to do is ensure that their contracts with their suppliers spell out in sufficient detail what their obligations are so that it can be easily determined whether a breach has occurred which has led to the liability of the organiser to the traveller. This should be accompanied by an indemnity clause which can be triggered in the event of the organiser having to pay compensation to a traveller. The indemnity should be drafted so that it also includes a term that the organiser will be compensated in circumstances where they settle the traveller’s case out of court (See MISRTravel & Shipping Cairo Ltd v Conference And Reunion Organisers Ltd ) 4 . The contract with the supplier should also state which law and which jurisdiction should apply in the case of litigation. This may very well be down to 3 Transposed into UK law by the Package Travel and Linked Travel Arrangements Regulations S.I. 634 2018 (PTR). 4 Court of Appeal, 1 February, 1983.