Here comes the travel directive!

Professionals in the travel sector should now be ready to comply with the directive (UE) n°2015/2302 on package travel and linked travel arrangements (hereinafter « PTD »).

In France, the PTD was transposed in three diffferent texts, as follows :

  • Ordonnance n°2017-1717 du 20 décembre 2017.
  • Décret n°2017-1871 du 29 décembre 2017.

These two texts are directly transposing the provision of the directive.

  • Arrêté du 1er mars 2018.

This text provides in particular nine forms to be be communicted to the travellers.

These new provisions come into force, as laid down in the PTD, on 1st July 2018. They then apply to all travel contracts concluded as from this date.

1. Establishment of Professional

Professionals established in another member State of the EU or EEE can freely sell their travel services in France. They only have to make a declaration to Atout France and to justify of their security and insurance.

2. What services : travel package, linked travel arrangement, travel service

Three types of services are defined by the PTD and transposed into the French tourism code: (i) travel package, (ii) linked travel arrangement et (iii) travel service. Each service will give rise to particular duties supported by professionals.

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3. Precontractual and contractual information

Professionals must inform travellers before concluding the travel contract, though durable means. The brochure is no more requested; however, the professional should ensure that all required information will be easily accessible.

Before the conclusion of the travel contract, one of the nine forms contained in the French text should be communicated to the traveler. These forms set out the type of service offered (package, LTA or travel service) as well as the responsibility regime and security offered.

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4. New rights for travellers

In fact, such rights existed before, but the directive improve and defined their implementation.

The PTD further introduces and defines the notion of exceptional and unavoidable circumstances. Yet this notion will be difficult to construe and professionals should be cautious when this will be invoked, either by the travelers or by themselves.

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5. Security

Insolvency protection has been widened in favour of the travellers by the directive in case of sell of a package or a LTA. In the French transposition, this has further been extended to simple travel service (except in case of sale of transport ticket alone).

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