Collective Commentary about the New Package Travel Directive

ARTICLE 23 | SILVIA FELIU 481 (Directive (EU) 2015/2302), which declares as imperative the national transpositions regarding information requirements, as reflected in Chapter II. Those include pre-contractual information, the binding character of pre- -contractual information and the conclusion of the package travel contract, the content of the package travel contract and the documents to be supplied before the start of the package. Those have now become imperative provisions for traders. Also declared as imperative are the national transpositions about changes to the package travel contract before the start of the package itself (Chapter III). That also reflects a high level of consumer protection and it was necessary to consider it as imperative. Included are the traveller’s right to transfer the package travel contract to another traveller, as well as the possibility of the traveller terminating the package travel contract at any time before the start of the package. As far as the performance of the package is concerned, the main characteristic of a package is that there is one trader who acts as the responsible organiser for the proper performance of the package as a whole, so the imperative nature of the provisions in Chapter IV were important to create an internal market. The importance of the new Directive (Directive (EU) 2015/2302), which declares as imperative the transpositions by the Member States is also linked to Chapters V and VI, which deal with insolvency protection. The organisers established in the territories of Member States, as well as the organisers which are not established in a Member State but sell or offer for sale packages in a Member State, or which by any means direct such activities to a Member State, shall be obliged to provide the security for the refund of all payments made by or on behalf of travellers. That also reflects a high level of consumer protection that should be considered imperative. Indeed, a harmonized and substantive law regarding contractual obligations for traders and travellers must have an imperative nature to achieve the goals of the newDirective.The imperative nature of the Directive is not a mere obligation. An imperative nature imposes compliance. These are peremptory, mandatory rules of Community law, non-derogable by the will of the parties (Article 23 and 24).Member States should lay down rules on penalties applicable to infringements of national provisions upon transposing the Directive and ensure their effective implementation. The penalties must be effective, proportionate and dissuasive (Article 25) 7 . 7 See, A. BRANCA SOEIRODE CARVALHO, “Liability for error and the right of repair-consequences of a legal imperative”, The New Package Travel Directive , V. Franceschelli; F. Morandi; C.Torres (Ed.), Lisboa, 2017, p. 267.