Collective Commentary about the New Package Travel Directive

76 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE mainly its content; given the peculiarity of these contracts and the variety of contract issues, understanding not only transport or other tourist services not ancillary to the above, but the accommodation too... Now, this legal requirement can not be interpreted in an absolute manner so that in those situations where there is not a written conclusion of the contract, it will result automatically ineffective; but, on the contrary, it must be understood that the contract has been concluded – regardless of the way it has been adopted – when the travel agency has taken all the necessary actions for its effectiveness and when the consumers have shown, with conclusive acts, that they knew and accepted the reality of the contract”. In other SAP Barcelona December 5, 2014 it is considered that it cannot be alleged that the lack of written formalization constitutes a source of absolute nullity of the contract once it has been rendered. Article 7 of the Directive establishes the content of the package travel contract and documents to be supplied before the start of the package, Article 7.2 states: (a) special requirements of the traveller, which the organiser has accepted; (b) information that the organiser is: (i) responsible for the proper performance of all travel services included in the contract in accordance with Article 13; and (ii) obliged to provide assistance if the traveller is in difficulty in accordance with Article 16; (c) the name of the entity in charge of the insolvency protection and its contact details, including its geographical address, and, where applicable, the name of the competent authority designated by the Member State concerned for that purpose and its contact details; (d) the name, address, telephone number, e-mail address and, where applicable, the fax number of the organiser’s local representative, of a contact point or of another service which enables the traveller to contact the organiser quickly and communicate with him efficiently, to request assistance when the traveller is in difficulty or to complain about any lack of conformity perceived during the performance of the package; (e) information that the traveller is required to communicate any lack of conformity, which he perceives during the performance of the package in accordance with Article 13(2); (f ) where minors, unaccompanied by a parent or another authorised person, travel on the basis of a package travel contract, which includes accommodation,