Collective Commentary about the New Package Travel Directive
The implementation of the Package Travel Directive in Denmark Marie Jull Sorensen 1 Introduction; Scope; Information; Retailer liability; Right of withdrawal; Limitation period; Sanctions; Dispute resolution and enforcement; Conclusion. INTRODUCTION The new Package Travel Directive 2 (the Directive) was implemented into Danish law on 19 December 2017 with the Package Travel and Linked Travel Arrangements Act (The Package Travel Act). The new act superseded the former Package Travel Act, which implemented the former Directive on package travel 3 . The new act came into effect on 1 July 2018. The part of the Directive related to insurance is implemented in the Trust for Travel Guarantees Act 4 . The former Directive, and thus the former Danish Package Travel Act, was an innovation in Denmark within an area primarily governed by freedom of contract and only regulated through general rules of obligation and contracts. Despite its novelty, the Directive aligned well with the Danish legal system. However, one key issue was crucial for the Danish government at the time. By Danish request, the traveller’s right to cancel the trip/service 5 was added to the European Council Statement. This right is stated in Article 12 of the new Directive. 1 Associate Professor, Department of Law, Aalborg University. 2 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European. 3 Council Directive of 13 June 1990 on package travel, package holidays and package tours (90/314/EEC). 4 Trust for Travel Guarantees Act no 1023 of 3 July 2018. 5 STORM, S. En købelov for tjenesteydelser? – Om implementering af EF Direktivet om Pakkerejser, Ugeskrift for Retsvæsen , 1992, p. 313.
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