Collective Commentary about the New Package Travel Directive

ARTICLE 23 | SILVIA FELIU 479 2. THE MEANING OF IMPERATIVE NATURE The spirit of this article is aimed at both organisers or traders facilitating a linked travel arrangement and travellers. For organisers of a package or traders facilitating a linked travel arrangement, it means that they may not evade the obligations imposed on them under the Directive, even if they claim that they are simply acting as a travel service provider, an intermediary or in any other capacity. The imperative nature of the Directive protects against the possible fraudulent appearance of the organisers of a package or traders facilitating a linked travel arrangement. Even the imperative nature of the Directive protects the appearance of the product, independently of the organiser of a package himself or trader facilitating a linked travel arrangement declaring that a package or a linked travel arrangement does not constitute a package or a linked travel arrangement. Declaration shall not absolve that organiser or trader from the obligations imposed on them under this Directive if the nature of the product really matches it. Paragraph 1, article 23, states the following: “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.”. For travellers, it means that they may not waive the rights conferred on them by the national measures transposing the Directive, and any contractual arrangement or any statement by the traveller which directly or indirectly waives or restricts the rights conferred on travellers pursuant to Directive shall not be considered binding for the traveller. For travellers, the imperative nature of the Directive means the binding force of national transpositions. Paragraph 2 and 3, article 23, state the following: “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.”.