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Package Travel Directive 2015/2302

Ver from 1/10/2019

Package travel and linked travel arrangements

Package travel covers all sales which include two or more different types of travel services for the same trip/holiday which are booked under a single contract with one supplier. Package travel also includes sales where services are booked with different suppliers under separate contracts as long as one of the following conditions is met:

  • The travel services are bought at a single point of sale (shop, call centre or website) where the customer selects the services before agreeing to pay, i.e. before he/she concludes the first contract.
  • The services were sold at an inclusive price.
  • The services were advertised/sold as a “package” or under a similar term.
  • Customers are entitled to choose from a selection of travel services, for example a travel gift-box.

 

A combination of one travel service such as accommodation and another tourist service (guided tour or admission to a concert) can only be classed as package travel if the additional service accounts for 25% or more of the overall value of the trip, or is an essential feature of the trip.

The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302 and Article L.211-2 II of the Tourism Code. You will therefore benefit from all the rights granted by the European Union applicable to packages, as transposed into the Tourism Code. Air Moto Tours is fully responsible for the proper execution of the package as a whole. Furthermore, as required by law, Air Moto Tours has protection to refund your payments and, if transport is included in the package, to ensure your repatriation in case it becomes insolvent.

The rights provided by the directive transposed into the tourism code

Travelers will receive all essential information about the package before concluding the package travel contract.

Both the organizer and the retailer are responsible for the proper execution of all travel services included in the contract.

Travelers will be provided with an emergency telephone number or contact details to reach the organizer or retailer.

Travelers may transfer their package to another person, subject to reasonable notice and possibly payment of additional fees.

The package price can only be increased if specific costs increase (e.g., fuel prices) and if this possibility is explicitly provided for in the contract, and in any case cannot be changed less than twenty days before the start of the package. If the price increase exceeds 8% of the package price, the traveler may terminate the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a price reduction in case of corresponding cost decreases.

Travelers may terminate the contract without paying termination fees and be fully refunded for payments made if any essential element of the package, other than the price, undergoes a significant change. If, before the start of the package, the professional responsible for the package cancels it, travelers may obtain a refund and compensation, if applicable.

Travelers may terminate the contract without paying termination fees before the start of the package in exceptional circumstances, for example, if there are serious security problems at the destination that are likely to affect the package.

Additionally, travelers may, at any time before the start of the package, terminate the contract upon payment of appropriate and justifiable termination fees.

If, after the start of the package, significant elements of it cannot be provided as planned, other appropriate arrangements must be offered to travelers, at no extra cost.

Travelers may terminate the contract without paying termination fees when services are not performed in accordance with the contract, significantly disrupting the performance of the package, and the organizer does not remedy the problem.

Travelers are also entitled to a price reduction and/or compensation in case of non-performance or improper performance of travel services.

The organizer or retailer must provide assistance if the traveler is in difficulty.

If the organizer or retailer becomes insolvent, the amounts paid will be refunded. If the organizer or retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of travelers is guaranteed. Air Moto Tours has taken out insolvency protection. This financial guarantor is the Professional Association of Solidarity in Tourism, 15 avenue Carnot, 75017 Paris – Tel: +33 (0)1 44 09 25 35 – email: info@apst.travel. Travelers can contact this organization if services are refused to them due to the insolvency of the agency. Website where the transposed Directive (EU) 2015/2302 can be consulted in national law.