Collective Commentary about the New Package Travel Directive

886 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE In the context of the transposition of the 1990 Directive into Irish law, the intention of the Irish government certainly appears to have been to exclude business travel from the scope of the 1995 Act 27 . However, notwithstanding ministerial assurances that “ business travel will not be covered ” (by the 1995 Act) 28 , the expansive nature of the definition of a consumer in the 1995 Act 29 , was such that business travellers could indeed constitute consumers for the purposes of the 1995 Act. Article 2(c) of the Directive excludes from its scope, “ packages and linked travel arrangements purchased on the basis of a general agreement for the arrangement of business travel between a trader and another natural or legal person who is acting for the purposes relating to his trade, business, craft or profession” . So as to address the uncertainty that had prevailed in relation to business travellers, the term traveller was very consciously selected for use in the Directive rather than consumer. Certain types of business travellers who the Commission view as requiring the protections of theDirective, namely, “ representatives of small businesses or professionals who book trips related to their business or profession, through the same booking channels as consumers ” 30 , are afforded the protections of the Directive. However, in recognition of a large cohort of business travellers, that make travel arrangements on the basis of a general agreement, that do “not require the protections designed for consumers ” 31 , these travellers remain outside of the scope of the Directive. Whereas certain Member States have been more explicit in setting minimum requirements for the contents of general agreements for business travel (or reserved the right to do so in the future), the Irish government, respecting the maximum harmonisation nature of the Directive did not go any further than the Directive. 3.2. Definitions 3.2.1. Article 3(2) – Package The definition of a package is set out in Regulation 3(1)(c) of S.I. No 80 and is, largely, faithful to the wording in Article 3(2) of the Directive, save when it comes to those combinations of travel services which do not constitute packages. Article 3(2) states that “ A combination of travel services where not more than one type of travel service as referred to in point (a), (b) or (c) of point 1 is combined 27 See generally Ibid. 28 Ibid. 29 Section 2(1) 1995 Act. 30 Recital 7 of the Directive, page 2. 31 Ibid.