Collective Commentary about the New Package Travel Directive

FRANCE | VALÉRIE AUGROS 819 – Right for the traveller to terminate or, where the conditions are met, to withdraw the contract (as laid down in article 12); – Right for the traveller to obtain from the professional appropriate remedy in case of a lack of conformity and to obtain a price reduction and/or compensation (as laid down in Chapter IV). Therefore, unless the trader who facilitates linked travel arrangements fails to comply with the requirements set out in Article 19.1 and 19.2 of the Directive, his responsibility would be admitted insofar that a breach can be established and a prejudice to the traveller proved. He will not be requested to provide a remedy in similar conditions as the organiser of a package. The difference of regime applicable to the organiser of a package, on one hand, and to the trader facilitating linked travel arrangements, on the other hand, can be explained by the fact that the traveller is informed correctly and in advance of his rights, as well as of the extent of protection 20 . This new regime sets out a minimal framework for traders who are not offering or selling a package but who are facilitating the combination of travel services. Fromconsumers’ point of view, it was necessary to informthemof the consequences of purchasing combined services outside a package. The second purpose was to reinstate fair competition among various types of travel professionals, whether they sell packages, linked travel arrangements, only one travel service or all types of travel products. Some sort of balance was sought between the travel professionals following the introduction of the new concept of linked travel arrangements. However, this balance will be delicate to maintain in practice and the assessment of each combination of services will certainly give rise to hesitation. French businesses are quite concerned with the introduction of a new category (the LTA) of products and with the difference of treatment given to the package. Their responsibility will be further broadened under the package (see hereinafter in paragraph B). Another issue will be the competition with non-EU professionals selling packages or LTA in the European Union. Even if in terms of security, the Directive obliges them to take a security in the Member State where they direct their activities, effective control and sanctions may become difficult in practice. Arbitration may then come surprisingly from the consumers to re-establish fair competition: this supposes that they are well informed of their rights and potential risk of a lack of security and are not exclusively preoccupied with costs issues! 20 See recital 16.