The term package used in Article 2(1) of Directive 90/314 on package travel, package holidays and package tours, must be interpreted so as to include holidays organised by travel agents, at the request of and in accordance with the specifications of a consumer or limited group of consumers. According to the definition of package given in Article 2(1) of the directive, which is designed amongst other things to protect consumers who buy package holidays, it is enough if, first, the combination of tourist services sold by a travel agency at an inclusive price includes two of the three services referred to in that paragraph and, second, that service covers a period of more than 24 hours or includes overnight accommodation. There is nothing in that definition to suggest that holidays organised at the request of and in accordance with the specifications of a consumer or a defined group of consumers cannot be regarded as package holidays within the meaning of the Directive. That interpretation is reinforced by the directive, which provides that among the elements to be included in a contract covered by the directive are special requirements which the consumer has communicated to the organiser or retailer when making the booking, and which both have accepted. As the definition of package referred to in Article 2(1) of Directive 90/314 on package travel, package holidays and package tours includes holidays organised in accordance with the consumer’s specifications, the term pre-arranged combination used in that provision necessarily covers cases where the combination of tourist services is the result of the wishes expressed by the consumer up to the moment when the parties reach an agreement and conclude the contract. The term pre-arranged combination used in Article 2(1) of Directive 90/314 must be interpreted so as include combinations of tourist services put together at the time when the contract is concluded between the travel agency and the consumer.
[2002] EUECJ C-400/00
Bailii
Directive 90/314 on package travel
European
Updated: 31 July 2021; Ref: scu.171178