Collective Commentary about the New Package Travel Directive
78 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE The transferor of the package travel contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees, charges or other costs arising from the transfer. The organiser shall inform the transferor about the actual costs of the transfer. Those costs shall not be unreasonable and shall not exceed the actual cost incurred by the organiser due to the transfer of the package travel contract. The organiser shall provide the transferor with proof of the additional fees, charges or other costs arising from the transfer of the package travel contract. 2.5.2. Price adjustment We stated previously (section 2.3) the provisions of Article 10 of the Directive 2015 on alteration of the price. The measures agree on the essentials, but many details are added, such as the application of Article 11, paragraphs 2 to 5, if the price of the package increases by more than 8% (the traveller accepts the proposed change or terminates the contract without paying a termination fee), or the details related to legal certainty for the traveller (clear notification, justified and the calculation of a durable medium; the organizer shall furnish proof of administrative expenses at the request of the traveller, etc.). 2.5.3. Alteration of other clauses in the contract package Between the date of the conclusion of the contract and the date of its execution many things could happen, for example, the organizer may encounter difficulties in providing the customer any of the contracted services. The Directive provides in Article 11 the conditions relating to alteration of other package travel contract terms, with greater detail than TRLCU. As a rule, the organizer can not change the price of the trip unless: (a) the organiser has reserved that right in the contract, (b) the change is insignificant, and (c) the organiser informs the traveller of the change in a clear, comprehensible and prominent manner on a durable medium. If, before the start of the package, the organiser is constrained to alter significantly any of the main characteristics of the travel services, he cannot fulfil the special requirements as referred to (art. 7.2 (a)) or proposes to increase the price of the package by more than 8 % in accordance with Article 10 (2), the traveller may within a reasonable period specified by the organiser: (a) accept the proposed change; or (b) terminate the contract without paying a termination fee. If the traveller terminates the package travel contract, the traveller may accept a substitute package where this is offered by the organiser, if possible of an
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