Collective Commentary about the New Package Travel Directive

ARTICLE 1 | F. JAVIER MELGOSA ARCOS 81 The complainant has not established any circumstances of force majeure that legitimizes the claim by the plaintiff in the paid price for the trip that was concluded in their time (FJ 2 and 3). The SAP Murcia November 7, 2012 concludes that this is not a withdrawal by force majeure since the illness of the wife was prior to hiring and a relapse was predictable, therefore, the consumer is not entitled to demand full restitution of any of the payments made for reason of their travel (FJ4). The user has the right to cancel the services requested, having the right of being recovered from the amounts they had paid and, having to indemnify the organizer, as in this case, the general condition in relation with the cancellation of the trip by the customer cannot be incorporated, since there is no written contract (FJ5). 2.6. Tourist protection in the performance of the package The Directive devotes Chapter IV to this issue and it includes five articles. Article 13 on ‘responsibility for the performance of the package’, provides that Member States shall ensure that the organiser is responsible for the performance of the travel services included in the package travel contract, irrespective of whether those services are to be performed by the organiser or by other travel service providers. Member States may maintain or introduce in their national law provisions under which the retailer is also responsible for the performance of the package. The traveller shall inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity, which he perceives during the performance of a travel service included in the package travel contract. If any of the travel services are not performed in accordance with the package travel contract, the organiser shall remedy the lack of conformity, unless that: (a) if it is impossible, or (b) entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. Where a significant proportion of the travel services cannot be provided as agreed in the package travel contract, the organiser shall offer, at no extra cost to the traveller, suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract, for the continuation of the package, including where the traveller’s return to the place of departure is not provided as agreed. If the alternatives are cheaper, a price reduction will be applied. The traveller may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package travel contract or the price