Collective Commentary about the New Package Travel Directive

FRANCE | VALÉRIE AUGROS 813 consumer code). However, the member States have some flexibility in this respect to adopt this rule or not. It remains to be observed whether the French legislator will introduce this right for packages under French law, given that the right of withdrawal is expressly excluded for travel services which are sold outside a package (such as accommodation, transport, car rental, restaurant – Article L.221-28 of the consumer code). The new PTD introduces extensive cases where the travellers have the right to change and even to terminate the contract before the start of the package. Such a flexibility granted to travellers will have a significant impact for professionals. Organisers will have to anticipate possible changes to the contract or termination. This will without any doubt lead to an increase of the travel package price. B. Resolution of difficulties The organiser is responsible for the performance of the travel package contract. This responsibility may be extended to the retailer, if the member States decide to maintain or to introduce, as the case may be, such a provision in their laws. Currently, the provisions of the French tourism code relating to travel package apply to both organisers and retailers. It is very likely that these provisions will be maintained following the transposition of the Directive into French law. Except in cases where it is not possible or would involve disproportionate costs, the organiser has to remedy the lack of conformity regarding one of the travel services mentioned in the package. The remedy can consist of a new travel arrangement of similar or higher quality that does not incur extra costs for the traveller. In any case, the lack of conformity will give rise to a price reduction to the benefit of the travellers. In some cases, compensation can be sought alternatively or additionally to the price reduction, against the organiser. However, the travellers, who have previously informed the organiser of the difficulty, are granted extended powers in case of a lack of conformity which are not remedied by the organiser. The organiser will also have to anticipate this. – The traveller is entitled to remedy the lack of conformity by himself. It should be outlined here that he will assess whether a delay can be dealt with by the organiser or if an immediate remedy can be taken. He will be reimbursed of any expenses required to find a remedy; – The traveller is entitled to refuse the proposed alternative arrangements when they are not comparable to the initial services agreed in the package