Tourism Law in Europe

72 TOURISM LAW IN EUROPE 3.2.1. PACKAGE TRAVEL Particular attention should be paid to the concept of package travel, which has been considerably broadened by the 2015 Directive. Article 2(2) defines package travel as a combination of at least two different types of travel services. A travel service means:  the carriage of passengers ;  accommodation (which is not an integral part of passenger transport and which is not for residential purposes) ;  rental of cars or other motor vehicles ;  and any other tourist service which is not an integral part of a travel service as defined in the first three indents. The law specifies that it is a package travel in six restrictively listed cases: “(a) those services are combined by one trader, including at the request of or in accordance with the selection of the traveller, before a single contract on all services is concluded; or (b) irrespective of whether separate contracts are concluded with individual travel service providers, those services are: (i) purchased from a single point of sale and those services have been selected before the traveller agrees to pay, (ii) offered, sold or charged at an inclusive or total price, (iii) advertised or sold under the term ‘package’ or under a similar term, (iv) combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or (v) purchased from separate traders through linked online booking processes where the traveller’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 travel service”. A fundamental difference with the former law can be raised here. The legislator now requires the combination of at least two different types of travel services within the same trip from among four travel services and not three as was the case under the 1994 Law. The consequence of this novelty is a considerable broadening of the concept of package travel. The number of providers who have to be considered as travel organisers is, therefore, greater

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