Collective Commentary about the New Package Travel Directive

790 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE services that he sells and whether the services may constitute a combination of travel services within the meaning of the law, using the guidance and advice available. In any event, the borderline cases are likely to be settled by the courts in the future. In the case of a combined travel arrangement, the conditions for establishing a travel service combination have already been described above for the travel package. In the case of a travel package, as described above, the trader is required to facilitate the passenger’s choices and payment during a single contact. According to the current interpretation of the FCCA, facilitating in this context means being active trader and for example, placing web links related to the booking event on the site. Thus, trader cannot promote combined travel arrangements unintentionally. In dynamic cross selling, different online retailers cannot effectively influence the arrangements that may be made through the sale of their own products, whereby the trader cannot (as interpreted by the FCCA) facilitate the separate selection and payment of the travel service unless it is deliberately agreed between the different traders. The targeted promotion of the purchase of a complementary travel service would require an e-commerce solution that could present the consumer complementary options to choose from, such as activities near the selected accommodation after selecting and paying for the first travel service. According to a study on dynamic cross selling, traders will not become directly aware of the choices made by consumers and it is therefore unlikely that the promotion in a targeted manner will take place in the context of dynamic cross selling in this case either. If by default the online store offered consumers additional services related to the firstly booked travel service and the consumer made a booking for another trader’s travel service within 24 hours, it would probably be a combined travel arrangement. i. Dynamic cross selling in action In the e-commerce business, a trader (A) may open cross selling in his web shop to another trader (B), who will then make his product available at A’s shop in addition to his own point of sale. When consumer (K) selects and purchases B’s product or service in A’s online store, a contract is directly concluded between consumer and B and is not a combination of travel services. In a situation where a consumer orders a travel service from both A’s and B’s product range by first placing the products in their shopping carts and paying for them in a single payment, two separate contractual relationships arise, K-A and K-B. Now this