Recital (9)

One of the definitions of package has proved to be too narrow, namely that referred to in Article 3, point (2)(b)(v), of Directive (EU) 2015/2302, which requires the transmission of the traveller’s name, payment details and email address from one trader to another. It is therefore appropriate to consider bookings of different types of travel service for the same trip or holiday as a package where the trader that is party to the first contract transfers the traveller’s personal data which enables the traveller to be identified as a contracting party to another trader or other traders that are party to a second or further contract, and where the contract or contracts with the other trader or traders are concluded at the latest 24 hours after the confirmation of the booking of the first travel service. Such data should enable the traders concerned to establish that the same traveller is party to the relevant contracts and could include, for example, the traveller’s name, payment details, email address, telephone number or social media account. Data that does not enable the traders concerned to establish that the same traveller is party to the relevant contracts, such as an IP address identifying a device, should not be considered sufficient. The reference to the transfer of the traveller’s personal data is intended to make the definition more future-proof. Such transfer indicates a close link between the relevant contracts and, consequently, the creation of a package.