Collective Commentary about the New Package Travel Directive

FINLAND | MIKKO LAAKSO 793 The provider of a combination of travel services must enter into contracts specifically covered by the law in order to be a trader within the meaning of the Act on combinations of travel services. By definition, a passenger is an individual who “wishes to enter into or is entitled to a contract covered by this Act with a trader.”. In my view, MTLH is a part of a framework agreement providing an opportunity to organize travel services to their members. That means, there is no package travel contract within themeaning of Article 9 of the Act on combinations of travel services as a framework agreement does not include any advance information for a single travel package in accordance with Chapter 7 of the same Act. Thus, MTLH does not enter into any agreements that fall within the scope of the Act and therefore the activities of the association are not within the scope of the Act on combinations of travel services. 4. ASSESSING THE CORRECTNESS OF THE NATIONAL IMPLEMENTATION As illustrated by the examples in the previous chapter, the national interpretation of the NPTD and the acts adopted under it is ultimately based on the purpose and objectives of the NPTD. From my point of view the overriding aim of the directive is to safeguard the position of the consumer in all fields of the ever diversifying and growing tourism industry. However, when adopting national laws and interpretations I think it would be important to ensure that businesses in the industry can also offer a wide range of services to consumers, so that legislation does not inadvertently create an indirect barrier to start-ups and newcomers by making it insurmountably difficult or expensive to abide by the law. As previously described in chapter 2), Finland did not set up a fund model for collateral security as this would not have been legally possible within the timeframe required for the implementation of the NPTD. For this reason, it was decided to continue with individual guarantees in Finland, with each tour operator providing a security to be set by the FCCA to secure the advance payments made by consumers. To protect consumers’ claims in the event of bankruptcy, the system was supplemented by a state transfer fund which, if necessary, can be used to cover return transport and the recovery of consumer claims immediately after the bankruptcy. The transfer fund was provided for in the Act on the Supervisory and Insolvency Protection Fee Payable by Providers