Collective Commentary about the New Package Travel Directive

Article 23 Imperative nature of the Directive 1. A declaration by an organiser of a package or a trader facilitating a linked travel arrangement that he is acting exclusively as a travel service provider, as an intermediary or in any other capacity, or that a package or a linked travel arrangement does not constitute a package or a linked travel arrangement, shall not absolve that organiser or trader from the obligations imposed on them under this Directive. 2. Travellers may not waive the rights conferred on them by the national measures transposing this Directive. 3. Any contractual arrangement or any statement by the traveller which directly or indirectly waives or restricts the rights conferred on travellers pursuant to this Directive or aims to circumvent the application of this Directive shall not be binding on the traveller. Silvia Feliu 1 1. Background; 2. The Meaning of Imperative Nature; 3. Freedom of Agreements and Imperative Norms in the Field of Contracts; 4. International Package Travel Contracts and Imperative Nature; 5. International Linked Travel Arrangements and Imperative Nature; 6. National Transposition Measures for the Directive (EU) 2015/2302. 1. BACKGROUND Article 23 declares the imperative nature of the Directive, which entails an important innovation introduced by Directive (EU) 2015/2302 of the European 1 Profesora Doctora de Derecho Internacional Privado. Universidad de las Islas Baleares. Spain.