Collective Commentary about the New Package Travel Directive

488 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE France’s transposition does not mention the imperative nature of the dispositions [Order No 2017-1717 of 20 December 2017 transposing Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements ( NOR: ECOI1727619R )]; neither the Portuguese transposition (Decree-Law Number 17/2018 of 8 March 2018 – The Portuguese Official Gazette, First Series – Number 48 ); neither the United Kingdom transposition: UK Air Travel Organisers’ Licensing Act 2017. And neither the Netherlands transposition: Act of 6 December 2017 amending Book 7 of the Civil Code, the Consumer Protection Enforcement Act and certain other acts in connection with the implementation of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) Number 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1) (“the Act implementing the Directive on package travel and linked travel arrangements”), ( Bulletin of Acts and Decrees of the Kingdom of the Netherlands Decrees 2018 2). But some countries have mentioned it expressly, such as: • Germany (Third Act amending provisions of travel law (Drittes Gesetz zur Änderung reiserechtlicher Vorschriften) 1 of 17 July 2017 [ Federal Law Gazette (Bundesgesetzblatt)], Volume 2017, Part I, No 48, issued in Bonn on 21 July 2017, pages 2394-2420). Article 1. § 651y Derogating agreements: “Unless otherwise provided, no derogation may be made from the provisions of this subtitle to the disadvantage of the traveller. Unless otherwise provided, the provisions of this subtitle shall also apply if they are circumvented by other means”. • Greece: Presidential Decree 7 Alignment of legislation with Directive (EU) 2015/2302 on package travel and linked travel arrangements ( OJ L 326/11.12.2015 ): Article 22 (Article 23 of the Directive) Imperative nature of the provisions of this Presidential Decree: “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, in accordance with the provisions of this Decree. 2) Travellers may not waive the rights conferred on them by this