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Consumer Rights

Since 1990, European Law allows you to sell your package holiday to another person if you are unable to attend yourself. But where do you find the person or family who wants to buy your holiday? That’s where TradeYourTrip comes into play. We are a marketplace where you can sell a holiday you can no longer attend, and likewise, you can buy a holiday from somebody who can no longer go themselves.

In May 2015, this package law directive has been updated to the current developments in the travel market. The rules will extend protection of the 1990 EU Package Travel Directive to cover not only traditional package holidays, but also give clear protection to 120 million consumers who book other forms of combined travel, e.g. a self-chosen combination on a website of a flight plus hotel or car rental. There will always be protection where travel services are advertised as a package or where they are offered at a total or inclusive price.

Travel combinations

The proposed legislation broadens the concept of ‘package’ and will now apply to 3 different sorts of travel combinations:

Pre-arranged packages - ready-made holidays from a tour operator made up of at least 2 elements: transport, accommodation or other services, e.g. car rental;

Customized packages – a program of components selected by the traveler and bought from a single business online or offline;

Linked travel arrangements - if the consumer, after having booked one travel service on one website, is invited to book another service through a targeted link or similar, the new rules offer some protection, provided that the second booking is made within 24 hours.

The legal conditions of a transfer:

The legal conditions of a transfer are:

1. The law is regarding Holiday Packages, which means bookings where at least 2 items are sold together as 1 Package, by a tour-operator or travel agency The items could be:

a. ttransport (flight, bus, train, etc)

b. accommodation (hotel, apartment)

c. other tourist services that account for a significant proportion of the package (like excursions)

2. Cruises are also included in Holiday Packages, because that is transportation & accommodation (sometimes even flights are included)

3. The travel agency needs enough time to amend the passenger details on the tickets (from the seller’s name to the buyer’s name) The guaranteed safety period requires a minimum of 7 days before departure. In practice, tour-operators can transfer the booking to another person within the hour, but if you want to be safe and secured, then we recommend at least 7 days before departure.

4. The holiday package can only be sold to somebody that meets the requirements for the trip (valid passport, and in case of special interest travel, the buyer must meet the stipulated travel requirements; for example if the holiday is a special trip for elderly people (65+ years), the trip cannot be sold to young people (18-24 years)

5. The seller must pay the administration costs set by the tour-operator for the changing of the names on the tickets.

Scheduled flights / charter flights

Currently, some airlines and tour operators are still frustrating this right of the consumer by charging additional costs for the airline ticket. The additional costs can be so high that a transfer might not even be a worthwhile option for the customer. This occurs most of the times when a “scheduled-flight” is booked in the package holiday instead of a “charter-flight”. Scheduled-flights are mostly part of the package holidays around city-trips.

In case of a scheduled-flight, TradeYourTrip can check the additional costs and give you advice as to whether it makes sense to sell the holiday to another person or to cancel the trip directly with your tour operator. In the meantime, TradeYourTrip is fighting for a court ruling that prohibits airlines and tour-operators to charge these additional costs. Support us in this right. Scheduled-flight: Is an airline flight organized by the company that owns the aircraft on regular, pre -programmed hours during the year. Charter-flight: Is an airline flight, rented by a tour-operator, that does not fly on a fixed timetable.

Conditions

1990 European Package Holiday Law Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.

1. 'package' means the pre-arranged combination of not fewer than two of the following when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:

a) Transport;

b) accommodation;

c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. The separate billing of various components of the same package shall not absolve the organizer or retailer from the obligations under this Directive;

- 'Organizer' means the person who, other than occasionally, organizes packages and sells or offers them for sale, whether directly or through a retailer; 3. 'Retailer' means the person who sells or offers for sale the package put together by the organizer;

- 'Consumer' means the person who takes or agrees to take the package ('the principal contractor'), or any person on whose behalf the principal contractor agrees to purchase the package ('the other beneficiaries') or any person to whom the principal contractor or any of the other beneficiaries transfers the package ('the transferee'); - 'Contract' means the agreement linking the consumer to the organizer and/or the retailer.

2. Where the consumer is prevented from proceeding with the package, he may transfer his booking, having first given the organizer or the retailer reasonable notice of his intention before departure, to a person who satisfies all the conditions applicable to the package. The transferor of the package and the transferee shall be jointly and severally liable to the organizer or retailer party to the contract for payment of the balance due and for any additional costs arising from such transfer.

3. a) The prices laid down in the contract shall not be subject to revision unless the contract expressly provides for the possibility of upward or downward revision and states precisely how the revised price is to be calculated, and solely to allow for variations in: - Transportation costs, including the cost of fuel, - Dues, taxes or fees chargeable for certain services, such as landing taxes or embarkation or disembarkation fees at ports and airports, - The exchange rates applied to the particular package. (b) During the twenty days prior to the departure date stipulated, the price stated in the contract shall not be increased.

b) In de 20 dagen die aan de geplande vertrekdatum voorafgaan, wordt de in de overeenkomst meegedeelde prijs niet verhoogd.