Collective Commentary about the New Package Travel Directive

ARTICLE 26 | MONIKA JURČOVÁ 541 that are part of the package; clear information for travellers; price modifications allowed only in very specific circumstances. Contrary to the organiser of a package, traders facilitating a linked travel arrangement are liable only for their own travel service. They must provide a money-back guarantee for payments they receive from the traveller in case the travel service is not performed due to their insolvency. This guarantee shall cover also repatriation when the trader facilitating a linked travel arrangement is responsible for the carriage of passengers, e.g. an airline. Traders facilitating a linked travel arrangement are, however, not responsible for the performance (or possible insolvency) of any other service provider under the linked travel arrangement. In order for travellers to have a clear understanding of their more limited rights in case of a linked travel arrangement, the trader facilitating it must inform the travellers that the protection provided for packages does not apply to their situation and that they are only protected against insolvency of the trader facilitating the linked travel arrangement. If this trader does not inform the traveller about these limitations or fails to provide for insolvency protection, it is legally bound to assume largely the same responsibilities as a package organiser, including those related to the performance of the combined travel services. III. STATE OF AFFAIRS FOR “CLICK-THROUGH” BOOKINGS The second part of the Report summarises the main findings on “click-through” bookings gathered during consultation process. It appears that: • ‘Click-through packages’ within the meaning of the specific definition in Article 3(2)(b)(v) of the Directive, which implies the transfer of personal data (name, e-mail and payment details of the traveller) and the provision of the specific standard information form provided in Annex I, Part C of the Directive, are rarely offered , if at all, by those business operators who contributed to this consultation. However, nothing can be concluded on airlines’ practices so far. • Further assessment of business practices, in particular of airlines and large travel booking platforms, in relation to click-through bookings are therefore necessary, before drawing conclusions regarding a possible adjustment of the definitions provided in the Directive.