IJTTHL1/2025

Various suggestions emerged from the feedback to the consultation. Here, I mention only those relevant to the topic of this paper: clarifications on the rules governing trip cancellations; travellers and businesses, e in particular on relevance, evidence, and legal value of official travel warnings. IV. THE PROPOSAL FOR AMENDING THE PTD In November 2023, the European Commission adopted a proposal for a Directive amending “PTD” 13. The proposal consists of 29 recitals and 5 articles and includes various modifications concerning different aspects of the Directive. These main changes or additions are as follows. The definitions of package and of linked travel arrangement (Article 3 (2) and (5), the contents of the package travel contract and the documents to be supplied before the start of the package (Article 7 (2), the specifications on the cancellation right in the event of termination of the package travel contract due to unavoidable and extraordinary circumstances (Article 12 (2), the clarifications and explanations on the effectiveness and scope of insolvency protection (Article 17), etc. In more detail, with regard to the issue discussed in these pages, the proposal envisages the following changes to the PTD. Article 5(1) is amended to specify that information on the traveller’s right to terminate the package travel contract due to unavoidable and extraordinary circumstances is made mandatory14. The new wording of Article 7(2) (Content of the package travel contract and documents to be supplied before the start of the package) adds that the relevant information form set out in Annex I to the Directive should be attached to the package travel contract. Therefore, that it remains easily accessible to travellers after the pre-contractual stage. assessment on its potential revision, not yet published, prepared by external consultant, ICF S.A. cited in footnote 11, Commission Staff Working Document Impact Assessment Report, Accompanying the document Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2015/2302 to make the protection of travellers more effective and to simplify and clarify certain aspects of the Directive, cit. Commission Staff Working Document Impact Assessment Report, Accompanying the document, SWD(2023) 906 final, 29.11.2023. 13 Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2015/2302 to make the protection of travellers more effective and to simplify and clarify certain aspects of the Directive, cit.. 14 Article 5(1), point (g) is replaced by the following: «information that the traveller may terminate the contract at any time before the start of the package in return for payment of an appropriate and justifiable termination fee, or, where applicable, the standardised termination fees requested by the organiser, in accordance with Article 12(1), and that the traveller may terminate the package travel contract without paying any termination fee due to unavoidable and extraordinary circumstances as specified under Article 12(2)». 22 ANGELO VENCHIARUTTI

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