This new definition is similar to the second part of the current definition in the PTD 2015. However, while the PTD also covers the facilitation of the purchase of travel services by any trader, including traders who do not themselves provide travel services - i.e. platforms such as Expedia - it should be required, according to the Commission, that the purchase of another service is facilitated by a trader which is party to a contract on the provision of a travel service. The phrase ‘facilitates procurement in a targeted manner‘ is replaced by ‘invites‘ which doesn’t seem a lot clearer. It should be reconsidered whether the concept of ‘linked travel arrangements’ is really worth maintaining. 1.2. Payments The Commission proposes that the organiser (or, where applicable, the retailer) shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package.14 This rule, however, shall not apply to package travel contracts concluded with individual travel service providers where the services 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.15 This exception ist justified in the recitals by reasoning that a limitation of advance payments was not compatible with the concept of package travel gift boxes.16 Another exception refers to packages booked less than 28 days before the start of the package. This exemption seems unneccessary: if the contract is only concluded only less than 28 days before the start of the package, how could it then entitle an organiser or retailer to request full payment earlier than 28 days before the start of the package? Furthermore, higher downpayments may be requested where this is necessary to ensure the organisation and the performance of the package. In so far, the level of downpayments requested by organisers may be justified by advance payments to service providers.17 The proposal was partly critisized because of allowing considerable higher downpayments if necessary to ensure the organisation and the performance of 14 Article 5a CP 2023 PTD. 15 Packages as defined in Article 3, point (2)(b)(iv) CP 2023 PTD. 16 Recital 14 CP 2023 PTD. 17 Recital 13 CP 2023 PTD. 5 THE NEW PASSENGER MOBILITY PACKAGE – HIGHLIGHTS AND LOW POINTS
RkJQdWJsaXNoZXIy MTE4NzM5Nw==