Sustainable Tourism Law

THE IMPLEMENTATION OF THE NEW PTD IN FRANCE 567 I. STRENGTHENING THE TRAVELLERS’ RIGHTS: PROFESSIONALS ARE EXPOSED TO GREATER DUTIES AND RISKS Numerous regulatory instruments adopted at European level are clearly aimed at improving the protection of consumers and/or ensuring their access to the internal market. Some of these instruments 4 directly or indirectly affect the travel sector. In some other specific areas of the travel sector, further legal frameworks were adopted in favour of consumers; for instance, regarding the transport of passengers: the EC Regulation nr. 261/2004 5 on air passengers’ rights for which the ECJ ruled in favour of the passengers, who were considered as consumers. 6 The European Commission has just announced its intention to improve the rights of train passengers 7 . The new PTD is in line with this. It aims at reaching a high level of consumer protection 8 . On the other hand, such a protection gives rise to higher duties for professionals. A. Anticipation of difficulties Following the new PTD, the professionals will have to anticipate difficulties that may arise upon conclusion or execution of the package. 1. Information The information obligations were already present in the Directive of 1990 and were introduced under French law in the tourism code in Articles R.211-2 and R.211-4. The new PTD completes the list of information to be communicated before the conclusion of the package contract, as well as the information to be set out in the contract. The list provided by the PTD is exhaustive. Moreover, such information should be given in a clear, comprehensive and visible manner. 4 For instance, the Directive n°2006/123/EC of 12 December 2006 on services in the internal market; the Directive n°2013/11/EU of 21 May 2013 on alternative dispute resolution for consumer disputes. 5 EC Regulation nr. 261/2004 of 11 February 2004, JOUE nr. L046 of 17/02/2004, p1. 6 ECJ, C-402/07 & C-432/07, 19 Nov. 2009, Sturgeon & A. 7 Proposal for a regulation on rail passengers’ rights and obligations – Com(2017) 548 – 2017/0237(COD), 27 September 2017. 8 Recitals 3, 5, 51, 52.