Collective Commentary about the New Package Travel Directive

ARTICLE 2 | JOSÉ ÁNGEL TORRES LANA 93 2. The definition of package travel can be found in art. 3 (2) of the Directive. But in order to better understand it, one must also read point 1. This point defines travel services, which includes carriage, accommodation, the rental of cars or other motor vehicles and, finally, a very general rule that is hard to describe, which covers ‘any other tourist service’ which isn’t part of a package travel within the scope of the activities above. Returning to point 2 of art. 3, the definition of package travel becomes much more comprehensible, given that it is understood to be the combination of at least two different types of travel services. This definition is more accurate and specific than the one contained in art. 2 of Directive 1990/314, because it is completed by a series of additional requirements that seek to clarify its meaning and scope, although this is not fully achieved. It is therefore useful to stop and analyse what these requirements are. 3. The aforementioned requirements are contained in art. 3 itself, points (a) and (b) – the first of the two contained in this precept – and they refer to the form and manner in which the trip is marketed, or rather the combination of tourist services. These requirements will be analysed in greater detail in the commentary corresponding to art. 3. However, it is appropriate to mention them at this point because this is the only way in which the reference to the scope of application of the Directive can be completed. By reading the content of both points, we can see that these are alternative rather than cumulative provisions. The disjunctive conjunction ‘or’ establishes this indisputably. Therefore, the concept of package travel must be completed with one of the two following requirements, set forth in summary: a) That all services are combined by one trader, and one single contract on all services is concluded, even where the selection has been made by the traveller. b) That irrespective of whether separate contracts are concluded with individual travel service providers, the services are purchased from a single point of sale, for an inclusive or total price, advertised as package travel or are combined and procured using online booking processes carried out through the trader with whom the first contract is concluded. In contrast to the general requirements, the conditions under point (b) are cumulative, perhaps with the exception of the last two, where they refer to very specific provisions.