for ensuring the proper fulfilment of package tour obligations, whether the services are provided directly or by third-party providers. Exemptions are limited to the fault of the buyer, unforeseeable acts by a third party, or force majeure, with the agency bearing a high burden of proof. The French legal system, particularly through its Tourism Code and robust case law, maintains a strong stance on consumer protection in package travel through the principle of “responsabilité de plein droit.” This strict liability regime places a significant burden on travel agencies, holding them accountable for the proper execution of all services within a package tour, irrespective of the direct service provider. The high bar for exoneration reinforces this principle, requiring compelling proof from the agency. This national approach is considered compatible with the New Package Travel Directive, which grants Member States discretion in defining national contract law, a fact that French legal doctrine views as a testament to its pioneering role in traveller protection. Mr. Y’s ankle fracture at an airport during his return journey from a golf package tour was deemed sufficient to engage Kalika Voyages’ strict liability, even without proof of specific fault by the airport or an active defect in the environment. In the Kalika case, the airport was considered a service provider on a par with the hotel, airline or golf course, which led to the travel agent being automatically held liable, although the causes of the fall were not determined. The airport may offer complementary tourist services, such as access to VIP lounges or luggage storage as part of a package. However, if the airport operates solely as a transport infrastructure, serving only as a departure or arrival point without providing tourist or related services, it cannot be considered a service provider. This is because the travel agency has not established any contractual relationship with the airport operator. There is no “culpa in eligendo” on the part of the travel agency; it chooses the airline but not the airport. The airport is a public transport infrastructure, something that the travel agency cannot provide directly, even in the case of a large tour operator that owns planes, buses and hotels. 207 AN UNDETERMINED FALL AT THE AIRPORT
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