Author: Federico Giamporcaro
Publication date: 28.02.2024
The purchase of package tours is a widespread phenomenon in the modern way of traveling. Often, once the travelers reach their destination, they no longer want to have the burden of looking for a hotel, finding out about places to visit, choosing the people who should assist them, especially when traveling to distant destinations.
For this reason, EU Directive 2015/2302 was issued, aimed at introducing a higher and uniform level of protection throughout the European territory, where tourism plays a crucial role.
And now let's analyze its fundamental aspects.
What is a package travel contract?
First of all, the term “package” means “a combination of at least two different types of travel services (carriage of passenger, accommodation, rental of cars or other motor vehicles, etc.) for the same journey or vacation, if:
-The aggregation of those services is managed by a single trader, whether at the traveler's request or in compliance with their chosen options, prior to the establishment of a comprehensive contract covering all services.
-Regardless of whether separate contracts are formed with individual travel service providers, those services exhibit the following characteristics:
Acquired from a solitary point of sale, with selection occurring before the traveler's agreement to pay.
presented, sold, or priced inclusively or comprehensively.
marketed or retailed utilizing the term 'package' or an equivalent designation.
consolidated subsequent to the contract's conclusion, granting the traveler the option to select from a variety of travel service types”.
After this brief introduction, according to the aforementioned Directive, we can define a package travel contract as a comprehensive agreement covering the entire
package or, if the package is provided under separate contracts, all contracts covering travel services included in the package.
Pre-contractual information
One of the key points of the directive concerns the traveler's right to be adequately informed about all contractual elements of the tourist package prior to signing: itinerary, provided transportation, included meals, excursions, total price inclusive of taxes and any additional costs, payment arrangements, etc. In order to provide all this information to the traveler, the new legislation envisages the use of standardized informational forms.
Alteration of the price or other travel contract terms
Price increases after the conclusion of the contract are limited to 8% and are only allowed if expressly provided for in the contract, along with the possibility of price reduction for the traveler. Price variation may only be due to changes in fuel costs, airport fees or taxes, or exchange rates. Any cost variation must be documented and notified at least 20 days before the start of the package.
If the organizer makes significant changes to one or more main features of the tourist services or imposes an increase exceeding the threshold, the traveler may, before the start of the package:
● accept the modification
● accept a substitute package
● terminate the contract by communicating and obtaining a full refund within 14 days.
If the traveler accepts changes that imply a decrease in the value of the package, they are entitled to an appropriate price reduction."
right of withdrawal and compensation for non-performance
The traveler may withdraw from the contract at any time before the start of the tourist package. The contract may include standard withdrawal fees that are reasonable, calculated based on the timing of withdrawal from the contract.
In the event of non-performance or improper performance, the organizer is responsible for the execution of the tourist services included in the package. To this end, the traveler shall inform the organizer (directly or through the seller) of any lack of conformity during the performance of one or more services included in the contract. The right to compensation expires 2 years after the traveler's return to the place of departure.
Conclusion
From this brief explanation we have understood the importance of the EU Directive 2015/2302, which plays a crucial role in safeguarding consumer interests, promoting fair competition among tourism businesses, and fostering trust in cross-border travel within the European Union.
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