Collective Commentary about the New Package Travel Directive

954 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Finally, a third unfair conduct was identified in the repeated communication of changes in transport conditions related to certain travel packages, which caused significant inconvenience to consumers (i.e., reduction of periods of residence and lack of adequate assistance) 6 . 2.7. Finally, in 2019, ICA imposed a fine of two million euros on Costa Crociere S.p.A. after ascertaining an unfair commercial practice. CostaCrociere did not provide consumers with correct and timely information about the health emergency in Madagascar when selling and organizing two cruises, while also hindering the exercise of consumer rights pertaining to travel schedule changes. Following the plague epidemic that occurred in Madagascar beginning in August 2017, Costa Crociere modified the stopovers scheduled for the two cruises, without providing consumers with timely communication; the consumers were informed of the need to change the originally planned itinerary after departure, in the first case, and right before departure, in the second case. The timing and manner in which the schedule changes were communicated to consumers effectively hindered their choices; consumers should have had the right to decide whether to withdraw from the contract or take the cruise without the stops planned in Madagascar, in this case with a reasonable price reduction. Costa Crociere should have implemented all the necessary measures to make consumers aware, from first contact and in any case before departure, of the health risk situation existing in the countries advertised as tourist destinations. On the contrary, Costa Crociere continued to advertise and sell the cruises in question, including stops in Madagascar, even after local authorities and the Ministry of Health had issued health warnings, without informing consumers of the possibility of changes in the travel schedule 7 . 3. THE MAIN INNOVATIONS OF THE REFORM a) The scope of the new framework 3.1. The scope of the reform is to adapt the legislative framework to market developments, in order to make it more suitable for the internal market, to remove 6 See ICA decision, 14 july 2010, PS4912- Phone&Go , confirmed by TAR Lazio Judgment, 10 march 2011, n. 2267. 7 See, ICA decision, 12 june 2019 – PS11336- Costa Crociere.