Collective Commentary about the New Package Travel Directive

GREECE | EVANTHIA KARDOULIA 841 the retailer. According to Recital 22 of Directive (EU) 2015/2302, “the main characteristic of a package is that there is one trader responsible as an organiser for the proper performance of the package as a whole. Only in cases where another trader is acting as the organiser of a package should a trader, typically a high street or online travel agent, be able to act as a mere retailer or intermediary and not be liable as an organiser. Whether a trader is acting as an organiser for a given package should depend on that trader’s involvement in the creation of the package, and not on how the trader describes his business. When considering whether a trader is an organiser or retailer, it should make no difference whether that trader is acting on the supply side or presents himself as an agent acting for the traveler”. Thus, organisers are responsible for the performance of the travel services included in the package travel contract, unless national law provides that both the organiser and the retailer are liable. For instance, in Greece not only the organiser but also the retailer is responsible for the performance of the travel services included in the package travel contract. According to article 12 paragraph 1 alinea 2 of P.D. 7/2018 “in the case where the package is sold by a retailer, the retailer is also responsible for the performance of the package. In that case the provisions of article 6 of Chapter B, of Chapter C, Chapter D and Chapter E which are applicable to the organiser shall also apply mutatis mutandis to the retailer, without prejudice to the provisions of the Greek legislation (Civil Code)” . 3. CONCLUSION In conclusion, the package travel contract was regulated by the Greek legislator in view of the obligation to incorporate Directive (EU) 2015/2302 into greek law and in the light of consumer protection. That is why P.D. 7/2018 has been limited to the transposition of the provisions of the Directive by means of identical or similar wording. By incorporating Directive (EU) 2015/2302 into national law, the Greek legislator simply complied with the obligation of EU law to adapt national legislation. However, the pursue of an accurate transposition of the Directive so as to avoid any difference between national and EU law has led the Greek legislator to – almost – reproduce the text of the Directive without having studied at an earlier stage whether the current legislative regime is in line with the regulatory requirements of the EU legislator. Also, P.D. 7/2018 did not proceed to a comprehensive regulation of the package travel contract, which resulted in its