or if, within twenty - four hours of the original consent, the operator invites the consumer to select one or more additional activities. The characterising element of the notion of package would be the close correlation between the services, which, if they are not contextual, must be planned within a circumscribed time span; if they are not, the pre - ordination, which directs to the realisation of the same journey, would be lacking. The second scenario of Directive 2015 / 2302 / EU provides that services are “offered, sold or invoiced at a flat - rate or global price”, by virtue of Article 3(2)(b)(ii)7. From the outset, some perplexity had arisen, since the provision considers the flat - rate fee as an alternative to the global one, as if the two terms were not synonymous (M. Brignardello 2023, 42 ff.). If this were the case, the directive should have clarified the differences. Anyway, the purpose of the rule is to include all hypotheses of organised travel, regardless of the method of payment. For the sake of clarity, provision should also have been made for the case in which the trader decides to issue separate invoices for individual services, as this solution often has evasive intentions. The Commission’s Proposal redrafts the provision and includes the reference to “possible separate invoicing”8 . According to Article 3(2)(b)(iii)9 of Directive 2015 / 2302 / EU, a package needs that the services be “advertised or sold under the designation ‘package’ or (...) similar”. Therefore, any trip for which this designation is used falls within the scope of the Directive. Even if not indicated, the opposite principle operates whereby travel is not subject to such regulation if it is not defined as a package. The Commission has not suggested any changes and, moreover, the description of the original fourth hypothesis10 , according to which services may be combined after the conclusion of a contract by which the organiser allows a choice between several services, should remain unchanged. The hypothesis on which the Proposal dwelled most strongly is the last11, according to which services can be selected from several operators by means of 7 According to Article 3(2)(b)(ii) of Directive 2015 / 2302 / EU, “irrespective of whether separate contracts are concluded with individual travel service providers, those services are: (ii) offered, sold or charged at an inclusive or total price”. 8 According to Article 3(2)(b)(ii) of the Proposal, “those services: (ii) are offered, sold or paid at an inclusive or total price, regardless of any separate billing”. 9 According to Article 3(2)(b)(iii) of Directive 2015 / 2302 / EU, “those services: iii) are advertised or sold under the term ‘package’ or under a similar term”. 10 According to Article 3(2)(b)(iv) of Directive 2015 / 2302 / EU, “those services: (iv) are 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”. 11 According to Article 3(2)(b)(v) of Directive 2015 / 2302 / EU, “those services: v) are 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”. 5 A PROPOSAL FOR A DIRECTIVE FOR MORE EFFECTIVE PROTECTION OF TOURISTS
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