another operator, if the contract is concluded no later than twenty - four hours after the original booking15 ; there must be no flat - rate fee. As an example, the first hypothesis occurs when the traveller with a visit or contact with the point of sale first books a flight and then a hotel stay, with separate payments (C. Berenguer Albaladejo 2016, 41 ff.). It is difficult to establish the uniqueness of the commercial initiative (M. McDonald 2020, 81 ff.). Again by way of example, the second hypothesis occurs when, having opted for air transport and received a connection from the airline offering a hotel stay, the traveller opts for that opportunity within twenty - four hours (M. McDonald 2020, 81 ff.). This solution differs from click - through packages in that there is no transmission of personal data. The Commission has proposed a simplified notion of linked services and wants to eliminate the first hypothesis, due to its similarities with the concept of package16. Thus, bookings at a single point of sale made within a short period of time are covered by this notion. Finally, the Proposal seeks to clarify that neither a package nor a related service are those of transport, accommodation or car hire when combined with others, as defined in Article 3(1)(d), if the consideration for the latter does not represent more than twenty - five per cent of the value of the combination17; the Commission wished to offer an unambiguous parameter to establish when these services express that substantial part of the journey to which Directive 2015 / 2302 / EU refers in its original wording18. The criterion leaves one somewhat types of travel services purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual travel service providers, if a trader facilitates: (a) on the occasion of a single visit or contact with his point of sale, the separate selection and separate payment of each travel service by travellers”. 15 Pursuant to Article 3(5) of Directive 2015 / 2302 / EU, “‘linked travel arrangement’ means at least two different types of travel services purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual travel service providers, if a trader facilitates: (b) in a targeted manner, the procurement of at least one additional travel service from another trader where a contract with such other trader is concluded at the latest 24 hours after the confirmation of the booking of the first travel service”. 16 According to Article 3(5) of the Proposal, “‘linked travel arrangement’ means a combination of different types of travel services, not falling under the definition of a package in point 2, where, a trader which is party to a contract on the provision of a travel service and receives payments by or on behalf of a traveller invites a traveller to book additional type of travel service from another trader for the purpose of same trip or holiday and where a contract on the provision of an additional travel service is concluded at the latest 24 hours after the confirmation of the booking of the first contract”. 17 According to the Proposal, “a combination of travel services where not more than one type of travel service as referred to in point (a), (b) or (c) of point 1 is combined with one or more tourist services as referred to in point (d) of point 1 is not a package if the latter services: (a) do not account for at least 25 per cent of the value of the combination and are not advertised as and do not otherwise represent an essential feature of the combination”. 18 According to Article 3(2) of Directive 2015 / 2302 / EU, “a combination of travel services where not more than one type of travel service as referred to in point (a), (b) or (c) of point 1 is combined with one or more tourist services as referred to in point (d) of point 1 is not a package if the latter services: (a) do not account for a significant proportion of the value of the combination”. 7 A PROPOSAL FOR A DIRECTIVE FOR MORE EFFECTIVE PROTECTION OF TOURISTS
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