Sustainable Tourism Law

684 SUSTAINABLE TOURISM LAW States Parties and “recommended practices” mean non-mandatory measures, the application of which is desirable by State parties. These Annexes regulate different and important aspects: Assistance in emergency situations, package travel and accommodation. III.2. PACKAGE TRAVEL The Annex II is about Package Travel. In this part of the Draft Convention, we can find the main definitions. “Package” means: “a combination of not fewer than two different types of tourism services for the purpose of the same trip or holiday, when the package covers a period of more than twenty-four hours or includes overnight accommodation provided that: – Those tourism services are combined by one trader, including at the request of or in accordance with the selection of the tourist, before a single contract on all services is concluded; or – Irrespective of whether separate contracts are concluded with individual tourism service providers, those services are: a. Purchased from a single point of sale and those services have been selected before the tourist agrees to pay. b. Offered, sold or charged at an inclusive or total price. c. Advertised or sold under the term “package” or under a similar term. d. Combined after conclusion of a contract by which a trader entitles the tourist to choose among a selection of different types of tourism services” 2 . 2 The definition of “package travel” in the Directive (EU) 2015/2302 of 25 November 2015 on package travel and linked travel arrangements is: “a combination of at least two different types of travel services for the purpose of the same trip or holiday, if: (a) those services are combined by one trader, including at the request of or in accordance with the selection of the traveller, before a single contract on all services is concluded; or (b) irrespective of whether separate contracts are concluded with individual travel service providers, those services are: (i) purchased from a single point of sale and those services have been selected before the traveller agrees to pay, (ii) offered, sold or charged at an inclusive or total price, (iii) advertised or sold under the term ‘package’ or under a similar term, (iv) combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or (v) purchased from separate traders through linked online booking processes where the traveller’s name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service. A combination of travel services where not more than one type of travel service as referred to in point (a), (b) or (c) of point 1 is combined with one or more tourist services as referred to in point (d) of point 1 is not a package if the latter services: (a) do not account for a significant proportion of the value of the combination and are not advertised as and do not otherwise represent an essential feature of the combination; or (b) are selected and purchased only after the performance of a travel service as referred to in point (a), (b) or (c) of point 1 has started”.