Collective Commentary about the New Package Travel Directive

PROPOSAL FOR A DIRECTIVE 1261 protection, its objectives cannot be achieved by the Member States and can be better achieved at Union level. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve its objectives. (42) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. The proposal, in particular, respects the freedom to conduct a business laid down in Article 16 of the Charter, while ensuring a high level of consumer protection within the Union, in accordance with Article 38 of the Charter. (43) In accordance with the Joint Political Declaration of Member States and the Commission of 28 September 2011 on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified, HAVE ADOPTED THIS DIRECTIVE: Chapter I Subject matter, scope and definitions Article 1 Subject matter This Directive is to contribute to the proper functioning of the internal market and to the achievement of a high level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts on package travel and assisted travel arrangements concluded between travellers and traders. Article 2 Scope 1. This Directive shall apply to packages offered for sale or sold by traders to travellers, with the exception of Article 17, and to assisted travel arrangements with the exception of Articles 4 to 14, Articles 18 and Article 21(1). 2. This Directive shall not apply to: (a) packages and assisted travel arrangements covering a period of less than 24 hours unless overnight accommodation is included; (b) ancillary contracts covering financial services;