Collective Commentary about the New Package Travel Directive

830 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 12. Linked travel arrangements § 651w BGB regulates the linked travel arrangements. This new category of travel is not a package, but the trader is imposed for information obligations (§ 651w II BGB). Where appropriate, the trader is also obliged for his insolvency protection (§ 651w III BGB). Where the trader has not complied with his requirements and obligations, the trader is liable as a tour organiser (§ 651w IV BGB). 13. Booking errors § 651x BGB ensures the liability of a trader for any booking errors during the booking process. 14. Imperative nature § 651y BGB ensures the imperative nature of the §§ 651a – x BGB. III. FIVE CRITICAL ISSUES OF THE NEW REISERECHT 1. Trader or organiser a) Objective criteria of booking (1) Combination . The PTD defines a travel package as a combination of at least two travel services by way of a travel brochure, an arrangement by the traveller before the conclusion of the contract or through a digital booking process. (2) No perspective of the traveller . Previously, the concept of the travel package comprised the combination of at least two major travel services, such as flight and hotel, with a total price, of which the organiser assumed the responsibility for the proper performance of the trip. If the natural or legal person clearly expressed his or her responsibility for the proper performance of a package travel, this person was qualified as an organiser. Crucial was the perspective of the traveller. The organiser cannot escape his responsibility through expressions in advertising or in the contract with the traveller. In the case of doubt, he was the organiser 22 . (3) Booking process is relevant . The PTD and the new travel law in §§ 651a – c BGB do without this subjective element “on its own responsibility” and 22 Führich, Reiserecht, 7 th Ed. 2015, § 5 Rn. 91 ff.