Implementation of the Package Travel Directive 2015 on 1 July 2018
- PDF / 620,982 Bytes
- 10 Pages / 439.37 x 666.142 pts Page_size
- 63 Downloads / 155 Views
Implementation of the Package Travel Directive 2015 on 1 July 2018 Stephen Mason1
© ERA 2018
Abstract The new Package Travel Directive aims to keep up with the considerable changes in the travel market, in particular by including in its scope the new ways by which it is nowadays possible to book interlinked travel services. This article analyses the changes of concepts and definitions underlying the Directive and portrays their consequences, especially for the financial protection of consumers. Keywords Package Travel Directive (EU) 2015/2302 · Travel services · Linked Travel Arrangements · Liability · Insolvency
1 Introduction In 2015 the EU published the final version of Package Travel Directive 2015/2302.1 It requires Member States to have their implementing regulations in place by 1 January 2018, and those Regulations must come into force on 1 July 2018. It replaces the 1990 Package Travel Directive.2 It is obvious that the travel industry (and indeed, the world) has changed out of all recognition since 1990. In those days, consumers traditionally booked holidays after studying a glossy brochure, which contained pre-arranged combinations; for example, a holiday might have been presented 1 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on
package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC [2015] OJ L 326/1. 2 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours
[1990] OJ L 158/59.
B S. Mason
[email protected]
1
Lee House, No 1 Lee Lane East, Horsforth, LS18 5RF, Leeds, UK
S. Mason
as a clear package, at a clear price, to include flights, hotel, transfers, and whatever other services were relevant. These clearly come within the 1990 definition of a package, ‘a pre-arranged combination of services when sold or offered for sale at an inclusive price’. Now holidays of that nature are still sold and bought, of course. But commonly, consumers will buy elements of the holiday on the internet (via a PC, laptop, tablet or mobile). Sometimes they will buy each element quite separately (e.g., flight, hotel); but it is also common for the elements to be bought via an online travel agent (or in a travel agency shop, or via a telephone sales facility) where separate sales of each element, at separate prices, are being made, but the consumer might believe he/she is buying a package. UK case law such as ABTA v CAA (2006) and CAA v Travel Republic (2010) shows that holidays sold broken down in this way are not packages. Although the UK (and some other countries) responded to that by introducing the concept of Flight-Plus, this did give some financial protection for prepayments, but none of the other benefits of packages, especially the liability of a package organiser for things that go wrong during the holiday. The first of several significant changes introduced by the new Direc
Data Loading...
