English version it sounds like a mere suggestion, in the German version it feels more like a certain amount of pressure. With regard to the so called ‘click-through’ bookings, the PTD 2025 requires transmission of three particular data of the traveller8 from the first trader to the other(s) for the services to constitute a package. It was clear from the very beginning that this makes it quite easy to circumvent a package by simply not transmitting (all three) data. In practice, ‘click-throuh’ bookings almost never constiute a package because traders avoid the transmission of the three relevant pieces of data.9 According to the Commission proposal, transmission of any kind of data should be sufficient. However, this is not a major change as a package can still be avoided by not transmitting any data. One of the main purposes of the PTD 2015, the inclusion of ‘click-trough’ bookings, will therefore most probably continue to be missed in practice. The PTD 2015 also brought the new concept of ‘linked travel arrangements’.10 This concept was heavily criticized for being far too complex and confusing with only very few benefits for travellers,11 which are more or less limited to the information that the traveller will not benefit from any of the rights applying exclusively to packages but will be insolvency protected for the payments collected by the so called ‘facilitating trader‘ insofar as a travel service which is part of a linked travel arrangement is not performed as a consequence of their insolvency.12 It was therefore hoped that the legislator would abolish this concept when revising the PTD. Nevertheless, the Commission Proposal maintains the concept with a new definition which the Commission regards as ‘simplified and clarified‘. According to the Proposal, ‘linked travel arrangement’ shall mean a combination of different types of travel services, not falling under the definition of a package, 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.13 8 Article 3 No 2 point (b) (v) PTD 2015: name, payment details and e-mail address. 9 Comission Report of 21 June 2019 COM(2019) 270 final. 10 Article 3 No 5 PTD 2015. 11 Grant/Mason/Bunce Holiday Law6, 12-030; Tonner MüKo BGB § 651w (2). 12 Article 19(2) PTD 2015. 13 Article 1(3) point (b) CP 2023 PTD. 4 MICHAEL WUKOSCHITZ
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