Collective Commentary about the New Package Travel Directive

734 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE specifically, the word “may” in the Directive (referring to the traveller remedying the lack of conformity himself ) has in Article 12(4) of the Law been replaced with the phrase “shall have the right” and thus, the traveller shall have the right to remedy non-conformity and claim reimbursement of the necessary expenses. The phrase “the traveller may” is replaced by “the traveller shall have the right” also in Articles 12(5) and 12(6) of the Law (implementing Articles 13(5) and 13(6) of the Directive) and it therefore seems that this wording represents a consistent and conscious choice of the Cypriot legislator. Another example of unnecessarily-added wording, which does not however “harm” the essence of the provision exists in Article 10(4) of the Law, which implements Article 11(4) of the Directive. The Law provides not only that “the traveller shall be entitled to an appropriate price reduction” but also that “the organiser offers the said package to the traveller at an analogously reduced price”. It is difficult to see what this additional wording adds to the essence of the provision. Easier to understand is the clarification effectively added to Article 13(5) second indent of the Directive, which refers to the appropriate price reduction that the traveller is entitled to, “when the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract”. In the corresponding Article 12(5) of the Law, it is stated that the “appropriate price reduction” must be “analogous to the difference in cost of the services not provided”. Presumably, the Cypriot legislator intended to reduce (or control) the freedomof the organiser when deciding the “appropriate price reduction”, thus limiting arbitrariness and ensuring that the price reduction applied will be fair to buyers (in that it will actually be equivalent or at least, close to the cost of the services not supplied). Yet, apart from the fact that the relevant drafting is evidently imperfect, it may be difficult to calculate the cost of individual services that have been charged all together as a package. Accordingly, the organiser will always retain some freedom in offering what he himself thinks to qualify as an “appropriate price reduction”. In relation to the limitation period for claims under Article 14 of the Directive, which provides for the right of travellers to an appropriate price reduction for any period during which there was lack of conformity and to compensation for resulting damage, Article 13(6) of the Law specifically excludes the application of any other statute of limitations applicable in Cyprus and proceeds with implementing Article 14(6) verbatim . As the Time Limitation of Rights of Action Law, Law 66(I)/2012 currently in force in Cyprus establishes general limitation periods intended to apply to rights for which no specific