Collective Commentary about the New Package Travel Directive

ARTICLE 1 | F. JAVIER MELGOSA ARCOS 65 addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored ” , ‘point of sale’ as “any retail premises, whether movable or immovable, or a retail website or similar online sales facility, including where retail websites or online sales facilities are presented to travellers as a single facility, including a telephone service”. The definitions of ‘main contractual partner’, ‘beneficiary’, ‘transferee’, ‘consumer or user’ and ‘retailer’ are thus eliminated. ‘Linked travel arrangement’ means at least two different types of travel services purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual travel service providers if a trader facilitates, on the occasion of a single visit or contact with his point of sale, the separate selection and separate payment of each travel service by travellers. Retailers whose business is to facilitate the acquisition of related travel services are required to clearly explain to travellers that only the providers of each service are responsible for their service. In addition, to ensure an additional level of protection at EU level, compared to that resulting from the rules on passenger rights or the acquis on consumer protection, to travellers who purchase more than one travel service through retailers, it should be provided that the latter must ensure, in the event of own insolvency or insolvency of any of the service providers, the reimbursement to travellers of their prepayments and, if necessary, their repatriation. ‘Package’ is defined as (art. 3.2) a combination of at least two different types of travel services for the purpose of the same trip or holiday, if: (a) those services are combined by one trader, including at the request of or in accordance with the selection of the traveller, before a single contract on all services is concluded; or (b) irrespective of whether separate contracts are concluded with individual travel service providers, those services are: – purchased from a single point of sale and those services have been selected before the traveller agrees to pay, – offered, sold or charged at an inclusive or total price, – advertised or sold under the term ‘package’ or under a similar term, – combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or