Travellers should receive clear information on whether a given combination of travel services constitutes a package or not, since, in certain booking situations, this might not be clear to them. In order to increase legal certainty, it is therefore necessary, in booking situations where the conditions for a package are not met but traders invite travellers to purchase additional types of travel service for the same trip or holiday, to require traders to inform travellers that the relevant travel services will not constitute a package and that travellers will not be protected under Directive (EU) 2015/2302. That requirement should apply where the invitation to purchase additional types of travel service is made before a traveller has purchased a first type of travel service but also where the invitation is made after a traveller has booked a first type of travel service. In cases where the invitation to purchase additional types of travel service is made before the traveller has concluded a first booking and the traveller subsequently books the relevant travel services within a period of 24 hours, at the same point of sale, a close link exists between those bookings even if not all the conditions for a package are met, such as the presentation of an inclusive or total price or the selection of the travel services before the traveller agrees to pay. Therefore, if in such cases a trader does not clearly inform the traveller, at the time of making the invitation, that the combination of travel services will not constitute a package, that combination should be considered to be a package protected under Directive (EU) 2015/2302, and the trader should be deemed to be the organiser of that package.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
