Sustainable Tourism Law

TOURIST AND CONSUMER PROTECTION 687 The information provided to the tourist shall form an integral part of the contract and article 4 is about contractual information obligations. Similarly to the Package Travel Directive, the other articles are about: transfer of the package travel contract to another tourist; alteration of the price; alteration of other package travel contract terms; termination of the package travel contract before the start of the package and failure of performance or improper performance (mirroring the regulation in case of accommodation in Annex III of the UNWTO Draft Convention). Article 10 contains the obligation to provide assistance, which is very important to protect the tourists. The protection of tourists in case on insolvency of the organiser, where the package travel and the trader facilitating linked travel arrangements are regulated following the recommended practices in the articles 11 and 12 of the Annex II. In the case of a linked travel arrangement that’s closely related to the Package Travel Directive. III.3. ACCOMMODATION The Annex III is about Accommodation. This part of the Draft is very interesting because we cannot find rules about accommodation in other laws. Accommodation service is defined as: “the provision of accommodation to the tourist who does not take up long term residence against remuneration or in a contractual framework”. One important question arises: What about seasonal accommodation? And accommodation service provider is defined as: “who directly or through an intermediary sells, offers to sell, supplies or undertakes to supply standalone accommodation services”. For the purpose of article 2, 3 and 5 (pre-contractual information obligations, contractual information obligations and assistance obligation in case of unavoidable and extraordinary circumstances or emergency situations), “intermediaries facilitating the provision of standalone accommodation services are considered accommodation services providers”. It is important for the tourists and their rights. The Annex only applies to standalone accommodation services The standard 1.2 of Annex III is important to establish the scope of the rule: “A person travelling for purposes related to his/her trade, craft, business or profession (business traveller) is considered as a tourist, unless the accommodation service is purchased on the basis of a general agreement or the arrangement of business travel between an accommodation service provider and another natural or legal person who