Sustainable Tourism Law

686 SUSTAINABLE TOURISM LAW 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 consulting a package, resulting in the conclusion of separate contracts with the individual tourism service providers, if a trader facilitates the following: 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 latest 24 hours after the confirmation of the booking of the first tourism service. Besides, it is important to note the last paragraph of the Recommended Practice 1.2: “Where not more than one type of tourism service as referred to in point (i), (ii) or (iii) of the definition of tourism service and one or more tourism services as referred to in point (iv) of the same definition are purchased, they do not constitute a linked travel arrangement if the latter services do not account for a significant proportion of the combined value of the services and are not advertised as, and do not otherwise represent, as essential feature of the trip or holiday”. It is important to take into account that the definition of tourism services includes: passenger transport; accommodation which is not intrinsically part of the passenger transport and is not for residential purposes; rental of cars or other motor vehicles and other tourism services that are not intrinsically part of another tourism service. It is interesting to compare these rules with the Directive on package travel and linked travel arrangements. The regulations for both rules are similar, but not the same. Another important issue are the contract law and liability aspects, because different countries have different systems (is national Law applicable?). Regarding consumer protection aspects, it is important how it establishes the relations between this Draft and consumer rights Directive (Directive 2011/83/ EU of 25 October 2011) or the Directive about unfair terms in consumer rights (Directive 93/13/EEC of 5 April 1993). After going through the definitions, the articles of Annex II are about the different rights for the tourist who contracts a package travel. First of all, we have the pre-contractual information obligations, in article 2, for the PackageTravel Directive. This information shall be provided in a clear, comprehensible and prominent manner and where such information is provided in writing, it shall be legible.