Collective Commentary about the New Package Travel Directive

ARTICLE 1 | F. JAVIER MELGOSA ARCOS 63 refund of all payments they receive from travellers insofar as a travel service which is part of a linked travel arrangement is not performed as a consequence of their insolvency. If such traders are the party responsible for the carriage of passengers, the security shall also cover the traveller’s repatriation”. Before the traveller is bound by any contract leading to the creation of a linked travel arrangement or any corresponding offer, the trader who is facilitating linked travel arrangements, including where the trader is not established in a Member State but, by any means, directs such activities to a Member State, shall state in a clear, comprehensible and prominent manner that the traveller: (a) will not benefit from any of the rights applying exclusively to packages under this Directive and that each service provider will be solely responsible for the proper contractual performance of his service; and (b) will benefit from insolvency protection in accordance with paragraph 1. Where a linked travel arrangement is the result of the conclusion of a contract between a traveller and a trader who does not facilitate the linked travel arrangement, the traveller shall inform the trader facilitating the linked travel arrangement of the conclusion of the relevant contract. Chapter VII contains general provisions (Articles 20-27). Article 20 contains specific obligations of the retailer when the organiser is established outside the European Economic Area. Under Article 21, employers involved in booking package travel and assisted travel services are responsible for any errors in the reservation. Article 22 clarifies that this Directive does not prejudice the right of the organizer to claim compensation to third parties; Article 23 confirms the mandatory nature of the Directive; Article 25 establishes the obligation of Member States to lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. Article 26 requires the Commission to submit a report on the implementation of this Directive to the European Parliament and to the Council “no later than 1 January 2019”. 2.2. Scope of application and some definitions The Directive provides in its first article the object “contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travellers and traders relating to package travel and linked travel