Collective Commentary about the New Package Travel Directive
756 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE right exists 17 . Trips cannot be resold in the same way as goods. Moreover, it was argued that it is typical for package travel that the organiser buys services (such as plane tickets) from other businesses and these services are not always refundable. These potential additional burdens for the organiser would most likely result in higher prices for the traveller, and the Ministry of Justice did not find that desirable. LIMITATION PERIOD According to the Directive Article 14(6), the limitation period for introducing claims shall not be less than two years. In Denmark, claims such as the ones stemming from the package travel legislation have a limitation period of 3 years. Therefore, there are no special rules in the Danish Package Travel Act regarding a limitation period. SANCTIONS According to Article 25 in the Directive, it is up to the Member States to adapt sanctions that are effective, proportionate and dissuasive. In the Danish Package Travel Act, Article 41, it is stated that Articles 6, 10 and 12 are sanctioned with fines. The same goes for Articles 9 and 18(2) if these articles are grossly or repeatedly violated. All the sanctioned articles encompass information duties. Article 6 states the pre-contractual duties, including the aforementioned reference to the duties of the Danish Consumer Contract Act. Article 10 focuses on the content of the package travel agreement. Article 12 regards the delivery of documents that are necessary for the traveller. Article 9 states that the organiser has to give a copy or confirmation of the contract and Article 18(2) is about information in relation to changes in the contract made by the organiser. 17 Preparatory work of the new Danish Package Travel Act, L 33, section 2.19.1.
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