International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW cases are settled by courts. The following analysis is therefore based on a review of cases settled by the National Board for Consumer Complaints. Keywords: New Package Travel Directive. Sweden. Covid19. 1. THE PACKAGE TRAVEL LEGISLATION Member states have had national package travel acts since the early 1990’s when the first Package Travel Directive6 was implemented. The legislation was adopted in order to remove disincentive to consumers in one member state from buying packages in another member state and obstacles to the freedom to provide services in respect of packages and distortions of competition amongst operators established in different Member States, which was a result of the different national legislations in force at the time. Another objective of the directive was that buying package travels generally involved the expenditure of substantial amounts of money in advance and that the services was supplied in a state other than that in which the consumer was resident. 1.1 The Swedish Act on Package Travel According to the PTA the organizer has far-reaching responsibilities in relation to the traveler. In short; it is the responsibility of the organizer to secure that the traveler receives exactly the travel services purchased in accordance with the package travel contract. Any deviation from or alteration to the contract gives rise to certain rights for the traveler, i.e. right to price reduction and/or damages or a right to terminate the contract. The organiser is responsible for all services that is a part of the package, regardless of if the service is provided by the organizer himself or a service provider. The act distinguishes between changes pre departure and changes or shortcomings after the start of the package. Below, some of the provisions of the PTA that has been put into focus by the pandemic will be analyzed. 6 Council Directive of 13 June 1990 on package travel, package holidays and package tours (90/314/EEC)

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