Sustainable Tourism Law

104 SUSTAINABLE TOURISM LAW According to the recitals 5 and in line with the principle of full harmonisation 6 , the information requirements laid down in the Directive are exhaustive, but without prejudice to the information requirements laid down in other applicable Union legislation. Therefore, the legislators in the member states are prevented from establishing any additional information requirements on a national level. Moreover, according to the Directive there is no obligation of the traveller himself to catch up with any circumstances related to the destination where he is going to travel. Again, the principle of full harmonisation prevents national legislators from introducing such obligation on their level. With regard to information, the Directive therefore leaves us with a traveller who has plenty of knowledge about the services he is entitled to receive but basically hasn’ thasn’t got the faintest idea about some of the main characteristics of the destination. III.2) According to Article 13, member states shall ensure that the organiser is responsible for the performance of the travel services included in the package. Again, the Directive does not provide for any responsibility of the traveller apart from the obligation to inform the organiser without undue delay of any lack of conformity which he perceives. At least, according to Article 14 paragraph 1, the traveller shall not be entitled to price reduction for any period during which there was lack of conformity if the organiser proves that the lack of conformity is attributable to the traveller, which could be interpreted as a certain responsibility of the traveller not to interfere with the proper performance of the services included in the package. Actions of the traveller which are detrimental to the environment at the destination or the interests of the local residents in certain cases could be regarded as interference with the performance of the package. The only result, however, would be that the traveller might lose his right to price reduction, which cannot really be regarded as an effective tool to ensure a behaviour which contributes to the sustainability of the tourism activity. III.3) With regard to liability, we find a similar situation: again the Directive only provides for liability of the organiser for any damage which the traveller sustains as 5 Recital 27 of Directive 2015/2302/EU. 6 Article 4 of Directive 2015/2302/EU.

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