Collective Commentary about the New Package Travel Directive

ARTICLE 27 | ALESSANDRA CORRADO 555 certain provisions 15 of Directive 2011/83 apply mutatis mutandis to packages, in relation to travellers as defined in the package Directive 16 . For example, it is worth to point out that Art. 49, par. 6 of the Consumer Code, which implements Directive 2011/83, has identical content of Art. 6 par. 2 of the 2015/2302 Directive, implemented by Art. 35 par. 3 of the Code of tourism. Moreover, under Art. 27 of the Directive, as implemented in our system, even though packages are excluded from the scope of application of Directive 2011/83, they are still subject to the application of certain specific rules related to distance contracts and contracts negotiated off-premises. We refer, for instance, to the provisions related to the use of the Italian language (Art. 49, par. 7 Consumer Code which implemented art. 6, par. 7 of the Directive 2011/83 17 ) or to those related to payment obligation and distance contract concluded by telephone (Art. 51 par. 2 and 6 of the Consumer Code which implemented Art, 8 par. 2 and 6 of the Directive 2011/83). Regarding off-premises contracts, the Directive 2015/2302 provides that a copy or confirmation of the contract must be given to the traveller on paper or, if the traveller agrees, on another durable medium. The same provision is to be found in Art. 8, par. 6 of the Directive 2011/83, implemented by Art. 51, par. 6 of the Consumer Code, i.e. “ Where a distance contract is to be concluded by telephone, Member States may provide that the trader has to confirm the offer to the consumer who is bound only once he has signed the offer or has sent his written consent. Such confirmations have to be made on a durable medium, if the consumer consents ” . Packages must also be subject to the provisions of the Directive 2011/83 related to the particular rules concerning contracts concluded by telephone. The rules require that the consumer has to be bound by the contract, concluded by telephone, until he has received, from the trader, the 15 The Directive expressly refers to Artt. 6(7), 8(2), 19, 21 and 22 of Directive 2011/83, whereas the Legislative Decree No. 62/2018 expressly refers to Articles 49, par. 7, 51, par. 2 and 6, 62, 64 and 65 of the Consumer Code, which are respectively related to the use of the Italian language in contractual information; payment obligation and distance contract concluded by telephone; fees for the use of means of payment; communication by telephone; and additional payments. 16 For an in-depth analysis of the definition of traveller and of the choice made by the European Legislator to cease the use of the term consumer in favour of traveller, see De Cristofaro, cit. 17 Art 6 par. 7 of the Directive 2011/83 states: “ Member States may maintain or introduce in their national law language requirements regarding the contractual information, so as to ensure that such information is easily understood by the consumer ”. Art. 49, par. 7 states that in case the consumer so requests it, the information in par. 1 are to be provided in the Italian language.