Collective Commentary about the New Package Travel Directive

ARTICLE 1 | F. JAVIER MELGOSA ARCOS 77 information enabling direct contact with the minor or the person responsible for the minor at the minor’s place of stay; (g) information on available in-house complaint handling procedures and on alternative dispute resolution (‘ADR’) mechanisms pursuant to Directive 2013/11/ EU of the European Parliament and of the Council, and, where applicable, on the ADR entity by which the trader is covered and on the online dispute resolution platform pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council; (h) information on the traveller’s right to transfer the contract to another traveller in accordance with Article 9. In short, it is intended that the consumer shall bewell informed of the contractual clauses to which it adheres. The TS in a ruling of July 9, 1999 states, “ the drafting of general clauses must meet the criteria of transparency, clarity, precision and simplicity ”. In other judgments of provincial courts it is required that the consumer shall receive a complete and detailed information on the offer that is made through the travel program ( SAP Córdoba February 24, 2004 ). If contractual clauses that could be considered abusive are incorporated, they will be null and void, but the validity of the contract as awhole (GONZÁLEZCABRERA, 2014, p. 116) will bemaintained if it can continue without the above clauses (art. 83 TRLCU). 2.5. Changes to the package contract before the start of the travel The Directive provides in its provisions four specific cases of modification of the contract: transfer of the package travel contract to another traveller (art. 9), alteration of the price (art. 10), alteration of other package travel contract terms (art. 11) and termination of the package travel contract and the right of withdrawal before the start of the package (art. 12). 2.5.1. Transfer of travel reservation Article 9 of the Directive regulates the transfer of the package travel contract to another traveller, but lowers the period of advanced notice to seven days, instead of the fifteen provided in TRLCU. Member States shall ensure that a traveller may, after giving the organiser reasonable notice on a durable medium before the start of the package, transfer the package travel contract to a person who satisfies all the conditions applicable to that contract. Notice given at the latest seven days before the start of the package shall in any event be deemed to be reasonable.