Sustainable Tourism Law
TOURIST AND CONSUMER PROTECTION 685 This definition is different from the definition of package travel in the Directive (EU) 2015/2302 of 25 November 2015. I think it is important for the definition in both rules to be the same. So, it is important to move from the Recommended Practice 1.1 of the Annex II to the definition of package travel. Another important question is the linked travel arrangements. They are not in article 1 (definitions); it is only in the Recommended practice 1.2. that “linked travel arrangements” are defined as “at least two different types of tourism services, which cover a period of more than twenty-four hours or include overnight accommodation, purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual tourism service providers, is a trader facilitates: a) On the occasion of a single visit or contact with his point of sale, the separate selection and separate payment of each tourism service by tourists; or b) In a targeted manner, the procurement of at least one additional tourism service from another trader where a contract with such other trader is concluded at the least 24 hours after the confirmation of the booking of the first tourism service” . And the package travel contract is the contract on the package as a whole or, if the package is provided under separate contracts, all contracts covering tourism services included in the package. The organiser is a trader who organizes packages and sells or offers them for sale, whether directly or through another trader or with another trader (article 1 b), Annex II). In the Package Travel Directive, the organiser is: “a trader who combines and sells or offers for sale packages, either directly or through another trader or together with another trader, or the trader who transmits the traveller’s data to another trader in accordance with point (b)(v) of point 2”. Recommended practice 1.1 establishes that States Parties should consider as included in the definition of package: the services purchased from separate traders through linked online booking processes where the tourist’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 tourism service. For this purpose, the trader who transmits the tourist’s data to another trader will be considered as an organizer. The main question is the relation with the Package Travel Directive and in this issue some questions have arisen: are only package travels or linked travel arrangements included? Linked travel arrangements are regulated as per recommended practice 1.2: At least two different types of tourism services,
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