Collective Commentary about the New Package Travel Directive

96 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE The definition of linked travel arrangements is contained in point 5 of art. 3 of Directive 2015/2302. Once again, the issue is complex. It basically consists of the juxtaposition of at least two different types of travel services purchased for the purpose of the same trip or holiday, not constituting a package. Furthermore, they must entail the conclusion of separate contracts with the individual travel service providers. The norm goes on to add an extra requirement. Actually, there are two, identified as points (a) and (b), but the existence of one is enough. Once again, the disjunctive conjunction ‘or’ clarifies this point. The requirements envisaged are as follows: • that the travellers, in one single visit or contact with the point of sale, make a separate selection and separate payment of each travel service; • that in a targeted manner, the procurement of at least one additional travel service from another trader takes place, where a contract with such other trader is concluded at the latest 24 hours after the confirmation of the booking of the first travel service. The definition given by the Directive makes it necessary to state a few comments, which I shall do below. This is a norm that includes a voluntarist principle, along with some others of a more formal nature. The voluntarist principle clearly derives from the intention of the traveller, i.e. the ‘purpose of the same trip or holiday’ expressed in the first paragraph of point 5. The norm does not explain the manner in which to manifest the aforementioned intention that the services acquired constitute the same trip or holiday. Therefore, the standards of communication and conduct deriving from social interaction acquire singular importance here. The formal ones are as follows. Firstly, we should emphasize the importance given by the Directive to the fact that a different contract must be concluded with each supplier or trader, i.e. that there must be genuine – and not just formal – contractual autonomy. Secondly, we should remember, even though I have just stated this, that it is sufficient for just one of the two additional requirements to arise in order to establish, in conjunction with the other requirements, the so-called linked travel arrangements. Thirdly, the distinction between ‘visit’ and ‘contact’ with the point of sale suggests, indeed, a type of communication via computerized processes. Fourthly, the association between linked travel arrangements and package travel is specifically based on a time element: the linked services must be procured within 24 hours of the procurement of the first service.