Collective Commentary about the New Package Travel Directive

ARTICLE 1 | F. JAVIER MELGOSA ARCOS 73 the traveller’s name, payment details and e-mail address are transmitted from the trader), the organiser and the trader to whom the data are transmitted shall ensure that each of them provides, before the traveller is bound by a contract or any corresponding offer, the information set out in points (a) to (h) of the first subparagraph of paragraph 1 of this Article in so far as it is relevant for the respective travel services they offer. The organiser shall also provide, at the same time, the standard information by means of the form set out in Part C of Annex I. The information referred to in paragraphs 1 and 2 shall be provided in a clear, comprehensible and prominent manner. Where such information is provided in written form, it shall be legible. In short, the traveller should receive all necessary information before purchasing a package, whether it is sold through means of distance communication, over the counter or through other types of distribution. In providing that information, the trader should take into account the specific needs of travellers who are particularly vulnerable because of their age or physical infirmity, which the trader could reasonably foresee. Key information, for example on the main characteristics of the travel services or the prices, provided in advertisements, on the organiser’s website or in brochures as part of the pre-contractual information, should be binding, unless the organiser reserves the right to make changes to those elements and unless such changes are clearly, comprehensibly and prominently communicated to the traveller before the conclusion of the package travel contract. However, in the light of new communication technologies, which easily allow updates, there is no longer any need to lay down specific rules on brochures, while it is appropriate to ensure that changes to pre-contractual information are communicated to the traveller. It should always be possible to make changes to pre-contractual information where expressly agreed by both parties to the package travel contract. Member States shall ensure that the information provided to the traveller pursuant to points (a), (c), (d), (e) and (g) of the first subparagraph of Article 5(1) shall form an integral part of the package travel contract and shall not be altered unless the contracting parties expressly agree otherwise. The organiser and, where applicable, the retailer shall communicate all changes to the pre- -contractual information to the traveller in a clear, comprehensible and prominent manner before the conclusion of the package travel contract. On these issues there are different statements in the Spanish Provincial Courts as, for example, SAP Asturias September 25, 2001 condemns the retail agency because it has been proved that the trip had been offered in its holiday catalogue, and on the voucher issued to the passenger, his label was included too, even if it