Example: the travel agency or the hotel6, after booking the accommodation7, offers either golf or a spa8. The two-night accommodation costs €900, while the spa costs €35 and golf €50. The traveller must be clearly, understandably, and prominently informed that if the golf, the spa, or both do not total €225 (25% of the combined value), the offer will not constitute a package and will not benefit from its protective scheme. Another possibility is a flight and golf, provided that the cost of the latter does not represent 25% of the total cost of the combination. However, this is no longer a fly-drive, as we are dealing with two distinct travel services9 that automatically form a package. In paragraph 2, the operator invites the traveller to purchase an additional type of travel service before agreeing to pay for the first type of travel service, without informing them that the additional service is not part of a package. If the traveller pays for the additional service at the same point of sale within 24 hours of agreeing to pay for the first service, the first service and the additional service constitute a package, and the operator is considered the organiser. VI. INCLUSION OF NEW DETAILS IN THE TRAVEL CONTRACT Changes occur to the information contained in the package travel contract (Article 7, paragraph 2). This does not refer to new rights, but only to the obligation for the travel contract to mention some of the existing rights. 6 Any service provider can assume the role of organiser (art. 3, no. 8), since the NPTD no longer reserves this role for travel agencies. 7 Main service or named service, in accordance with art. 3, no. 1, point b). 8 Other tourist services that are not part of a travel service within the meaning of points (a), (b) or (c) are covered by point (d) of paragraph 1 of article 3, and recital 18 lists them by way of example: “Other tourist services which are not intrinsically part of carriage of passengers, accommodation or the rental of motor vehicles or certain motorcycles, may be, for instance, admission to concerts, sport events, excursions or event parks, guided tours, ski passes and rental of sports equipment such as skiing equipment, or spa treatments. However, if such services are combined with only one other type of travel service, for instance accommodation, this should lead to the creation of a package or linked travel arrangement only if they account for a significant proportion of the value of the package or linked travel arrangement, or are advertised as or otherwise represent an essential feature of the trip or holiday. If other tourist services account for 25 % or more of the value of the combination, those services should be considered as representing a significant proportion of the value of the package or linked travel arrangement. It should be clarified that where other tourist services are added, for instance, to hotel accommodation, booked as a stand-alone service, after the traveller’s arrival at the hotel, this should not constitute a package. This should not lead to circumvention of this Directive, with organisers or retailers offering the traveller the selection of additional tourist services in advance and then offering conclusion of the contract for those services only after the performance of the first travel service has started.”. 9 The transportation and the rental of cars, as contemplated in points a) and c) of paragraph 1 of article 3. 16 CARLOS TORRES
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