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When the Package Holiday is not Realized: A Piece of EU Consumer Law under Review

When a package travel contract is not realized, the organizer assumes the obligation to inform the consumer, to provide a refund and to provide alternative services. All these measures form part of the core of the EU’s legislative acquis and are mainly governed by Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours. The Directive employs a fragmented approach and is currently under review. This area also remains outside the new comprehensive approach introduced by the Proposal for a Directive of the European Parliament and the Council of 8 October 2008 on consumer rights, and it would appear that this harmonization ’deficit’ will be covered by means of ’vertical action’. The aims of this paper are to contrast the existing regulations in this field with the general rules of consumer contract law, to identify the inconsistencies involved and to present some proposals regarding performance rules

© European Journal of Law Reform, 2010, vol. 12, núm. 3-4, p. 388-403

Eleven International Publishing

Author: Bech Serrat, Josep Maria
Date: 2010
Abstract: When a package travel contract is not realized, the organizer assumes the obligation to inform the consumer, to provide a refund and to provide alternative services. All these measures form part of the core of the EU’s legislative acquis and are mainly governed by Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours. The Directive employs a fragmented approach and is currently under review. This area also remains outside the new comprehensive approach introduced by the Proposal for a Directive of the European Parliament and the Council of 8 October 2008 on consumer rights, and it would appear that this harmonization ’deficit’ will be covered by means of ’vertical action’. The aims of this paper are to contrast the existing regulations in this field with the general rules of consumer contract law, to identify the inconsistencies involved and to present some proposals regarding performance rules
Format: application/pdf
Citation: 015120
ISSN: 1387-2370
Document access: http://hdl.handle.net/10256/18702
Language: eng
Publisher: Eleven International Publishing
Collection: Articles publicats (D-DP)
Is part of: © European Journal of Law Reform, 2010, vol. 12, núm. 3-4, p. 388-403
Rights: Tots els drets reservats
Subject: Viatges combinats
Package tours
Reclamacions dels clients
Consumer complaints
Title: When the Package Holiday is not Realized: A Piece of EU Consumer Law under Review
Type: info:eu-repo/semantics/article
Repository: DUGiDocs

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