Collective Commentary about the New Package Travel Directive

FRANCE | VALÉRIE AUGROS 815 case where it is not possible to ensure the traveller’s return because of unavoidable and extraordinary circumstances. It should be outlined here that a draft regulation to amend the EC Regulation nr. 261/2004 on air passengers’ rights is still under discussion. With regards to the current draft, a maximum of three nights’ accommodation has to be offered by the airline to assist the passengers if a flight cannot be operated because of an extraordinary circumstance 18 . The European legislator intended to provide similar provisions for the organisers of travel package. All businesses will be treated equally to this end. However, the duty to bear the costs of accommodation is not limited when the traveller is a vulnerable person. This category includes persons with reduced mobility and accompanying persons, pregnant women, unaccompanied minors, as well as persons in need of specific medical assistance, provided that notice was given to the organiser at least 48 hours before the start of the package. Considering the above, the traveller will have a very good chance to assess whether the proposed remedy is appropriate or exists at all. Such provisions will certainly give rise to discussions between the parties of the travel package contract, should a lack of conformity be raised by a traveller. The price reduction is granted in cases where there is a lack of conformity of the services supplied, unless it is established that the lack of conformity is due to the traveller. In addition, the traveller should be fully compensated without delay when he sustains prejudice as a result of a lack of conformity. However, the new PTD maintains the three exclusions of liability that were already set out in the Directive of 1990. Such exclusions are: – Lack of conformity attributable to the traveller; – Unforeseeable and unavoidable lack of conformity attributable to a third party (who is not connected with the provision of the travel services agreed in the package); – Unavoidable and extraordinary circumstances. In the new PTD, the definition has been clarified. Indeed, it should be considered as unavoidable and extraordinary circumstances “ a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken ”. 18 Com(2013) 0130 – C7-0066/2013 – 2013/0072(COD), 5 Feb. 2014.