Collective Commentary about the New Package Travel Directive

ITALY | FRANCESCO MORANDI 937 is entitled to contact the organiser via the retailer (agent), addressing messages, requests or complaints relating to the execution of the package. However, in this regard, it should be noted that, for the purposes of compliance with the terms or periods of limitation, the date on which the retailer receives messages, requests or complaints relating to the services provided by the organiser is considered the date of receipt for the latter as well. This provision reconciles, not without a certain difficulty, attributing to the retailer the quality of the agent and seems rather to reflect a configuration of the travel agent position, substantially symmetrical, to that which the organiser of the package travel takes on with respect to the user of the service 99 . The provisions regarding the intermediate travel contract essentially relate to four distinct profiles: the identification of the obligations borne by the retailer, the liability regime in the event of contractual non-fulfillment, the compensation obligation and the expiry time-limits of the right to compensation for damages. Once the relationship between traveller and retailer as “intermediate travel contract” has been identified, the Tourism Code establishes certain specific travel agent obligations, which follow the mandate given by the user. In addition to completing the legal activity which consists of stipulating a valid and effective package travel contract, in the name and on behalf of the traveller, according to the specific mandate with representation, the regulations identify precise information and documentation obligations, substantially corresponding to those borne by the organiser (articles 34-36 of the Tourism Code). Added to these is a specific commitment on the retailer’s part to indicate to the traveller that he’s acting as an intermediary in stipulating the package travel contract, in line with what was envisaged by art. 19, par. 2, of the International Convention on Travel Contract (CCV). In compliance with the principle of legitimate expectations, pursuant to art. 51- bis of the Tourism Code, the retailer that fails to provide the traveller with the standard information form and the information regarding the organiser, or that fails to inform the traveller that they are acting as a mere retailer, is considered as organiser 100 . Furthermore, among the retailer’s responsibilities is the obligation to provide any legal and material activity resulting from taking on the mandate and, in 99 The provision seems to resent of the different configuration of the relationship between traveller and retailer adopted in other Member States of the European Union, in which a system of joint liability exists between the retailer and the organiser of the package travel. Circumstance that also explains the reserve clause contained in the opening of art. 15 of the Directive (EU) 2015/2302, where it is without prejudice to what established by the following art. 13, par. 1, comma 2, of the Directive. 100 See F. Romeo, Il processo informativo nella commercializzazione dei contratti di viaggio , cit., p. 43.