Collective Commentary about the New Package Travel Directive

INTERNATIONAL CONVENTION ON TRAVEL CONTRACTS (CCV) 653 and nuclear disasters, the UNWTO realised the necessity “ for greater protection for travelers in the event of disasters in all parts of the world ” 59 and decided to create a Working Group 60 to elaborate an international legal instrument 61 for the protection of national and international tourists. In 2011, the Working Group on the protection of tourists/consumers reached a consensus “ on the need to elaborate a legal document which can provide guidelines ” and substantive norms addressing the key issues of “providing assistance”, ensuring “repatriation of consumers”, supplying “information to tourists including in terms of the handling of bankruptcy situations of the travel organizers” and “accommodations”. In 2012, an unofficial draft was made available on the Internet, but its scope of application is restricted to tourists travelling with travel packages 62 . Tourists are, for this purpose, only “ a person who concludes a travel package contract with a travel organizer ” (Annex I, Chapter 1). There were no conflicts of law rules on the Draft to an “UNWTO Convention on the protection of tourists and tourism service providers” because its main purpose was to clarify the responsibilities of the host country, the country of origin of the tourist, the country of the origin of the travel organiser and the travel organiser itself, in case of catastrophes or emergencies. In 2017, the final draft was made available, once again, on the Internet 63 , with its main objectives being “ to establish uniform rules to ensure and promote an appropriate degree of protection of tourists, in order to protect tourists as consumers and, particularly, in emergency situations by giving them primary and basic assistance and enhancing the cooperation between States in these particular circumstances. Secondly, to clarify the rights and obligations of tourism service providers ensuring a fair balance between the responsibility of the States, private sector and tourists ” 64 . The UNWTO draft had a limited scope of application, being only for emergencies ( force majeure or bankruptcy of the providers), and it could bring only substantial rules and standards to guide the states of destination, the State of the origin of the tourists and the providers of services. 59 UNWTO CE/88/2 and CE/DEC/2(LXXXVIII). 60 UNWTO CE/89/8 and CE/DEC/11(LXXXIX). 61 UNWTO CE/93/4(a). 62 Available at http://www.elementis.hr/uhpa/docs/files/U1012047%20draft%20ECTAA%20UNWTO%20 convention.pdf (accessed on 28 July 2020). 63 Available at http://cf.cdn.unwto.org/sites/all/files/pdf/a22_10_i_c_unwto_convention_on_the_protection_ of_tourists_en_0.pdf (accessed on 28 July 2020). 64 A/22/10(I)(c), pp. 1-2.