Collective Commentary about the New Package Travel Directive

810 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE price (Article 10) and insignificant change (Article 11). As regards termination of the contract by the organiser, this is exclusively possible in case of insufficient number of travellers (provided that a clause was set out in the contract) or unavoidable and extraordinary circumstances (Article 12.3.). Such provisions are familiar for professionals. In fact, the organisers will most importantly have to anticipate the risk of change or of termination decided by the travellers. The French travel agents outlined that this would involve an increase of the price, whereas they are subject to great competition in this sector in the internal market but also worldwide. Indeed, the travellers are entitled to change and even to put an end to the package travel contract in the following circumstances: – Transfer to another traveller (Article 9). Such a change can be realised at the latest 7 days before the start of the package, after providing a notice to the organiser. However, if both parties to the transfer (i.e. the transferor and the transferee) are jointly responsible for the payment of due balance or any additional costs arising from the transfer, the organiser has the burden of proof to establish how reasonable the costs are for such a transfer. Currently, the tourism code, on Article L.211-11, provides such a right for the travellers. It has to be exercised at the latest 7 days before the start of the package, or 15 days in case of cruises. – Significant changes to the main characteristics of the travel services or price increase by more than 8% (Article 11.2). In such a case, the traveller is entitled to terminate the contract without paying any termination fee. He will obtain a full refund of the package price. This right already existed but there was no clear indication as to the notion of “significant increase”. Under French case law, it is considered that an increase of 12% of the package price was significant, despite a discount granted by the travel agent 13 . – Right to terminate the contract (Article 12.1). The traveller may terminate the contract at any time before the start of the package, provided that payment of “an appropriate and justifiable termination fee” is made to the organiser. Such a termination can take place without any reason from the 13 Cass. Civ. 1, 10 September 2015, nr.14-16734.