Considerații privind aplicarea și domeniul de aplicare al Directivei (UE) 2015/2302 privind pachetele de servicii de călătorie și serviciile de călătorie asociate
Considerations on the application and scope of Directive (EU) 2015/2302 on package travel and associated travel services

Summary/Abstract: Major changes in the European Union's tourism market in the years since the entry into force of Directive 90/314/EEC, in particular the development of the Internet trade in this domain, led the European legislator to adopt the Directive 2015/2302 which seeks to complement and improve the rights enjoyed by European travelers purchasing travel packages and linked travel arrangements as of 1 July 2018. As article 1 provides, “the purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travelers and traders relating to package travel and linked travel arrangements.” Even though the provisions of the Directive are clearer and more precise as regards the rights enjoyed by its beneficiaries, concerning the concepts under which the Directive operates, such as travel packages, linked travel arrangements and others, there are remaining difficulties regarding their definition with consequences on its applicability. At a national level, the Directive was transposed by Government Ordinance no. 2/2018 on travel packages and linked travel arrangements. However, Romania failed to meet the deadline imposed for the transposition of the directive. As a result, questions arise as to the rights of passengers deriving from the directive during the period when the Directive should have been transposed, also taking into account the fact that the Directive sets a different date for the beginning of its application than the date imposed to the Member States for the transposition.

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