Collective Commentary about the New Package Travel Directive

ARTICLE 1 | F. JAVIER MELGOSA ARCOS 69 (a) 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; or (b) in a targeted manner, the procurement of at least one additional travel service from another trader where a contract with such other trader is concluded at the latest 24 hours after the confirmation of the booking of the first travel service. As these combinations are not strictly speaking packages and, in the practice they have two meanings: “on the one hand, there will not be a solely responsible for the proper execution of all travel services as an organizer, but each service provider will meet the proper contractual provision of their service and, on the other hand, the traveller will not benefit from the general rights that apply to package travel ” (BERENGUER, 2016, p. 41). 2.3. Price issues The contract package generates reciprocal obligations for both parties, for travel agencies the obligation to provide consumers with the services offered and for consumers, the obligation to deliver the price according to the agreed conditions. Both benefits must be lawful, possible and determined. The Directive specifically tackles the issue of price in two articles. Firstly, Chapter III (Changes to the package travel contract before the start of the package), through Article 10 (Alteration of the price), states: “Member States shall ensure that after the conclusion of the package travel contract, prices may be increased only if the contract expressly reserves that possibility and states that the traveller is entitled to price reduction under paragraph 4. In that event the package travel contract shall state how price revisions are to be calculated. Price increases shall be possible exclusively as a direct consequence of changes in: (a) the price of the carriage of passengers resulting from the cost of fuel or other power sources, (b) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or (c) the exchange rates relevant to the package.