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16th Congress 2004

 

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The European Package Tours Directive – Revisited

 

By Klaus Tonner

Professor for Private Law and European Law at the University of Rostock, Germany[1]

 

1.   Introduction

 

2.   Proposals at the level of the European Union

2.1. Commission report of 1999

– pre-arranged combination: Extension of applicability?

- Insolvency protection

- Unlimited liability

- Market control by member states

- No closed national systems of insolvency cover

- No pre-payments by consumers for repatriation in case of insolvency

2.2. Conclusion of Parliament

- Extension of Applicability

- More information duties

2.3. Conclusions of a round table of experts

- Regulation on cancellation fees and cancellation on the ground of force majeur

- No relevance of the paper

2.4. Consumer protection strategy 2002-2006

- Review of the Directive necessary

- Total harmonisation instedad of minimum harmonisation

 

3. Challenges by online bookings

- Gateways

- Dynamic packaging

 

4. Own Suggestions

- Improved coherence of European consumer law

- Terms of consumer and of business

- Applicability of Distance Selling Directive

- Extended applicability

- Inclusion of not pre-packed tours

- Coherent standards in transport contract law and hospitality law

- More detailed regulations on insolvency protection

- Unlimited liability

- Internal market for services of insolvency insurers

- Obligation to take a license?

 

5. Final remark



[1] Structure of a presentation at the 16 World Conference of the International Forum of Tour and Travel Advocates, Buenos Aires, October 2004

 
 

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