O contrato de viagem organizada à luz da Directiva (UE) 2015/2302

• Autor(a) principal: Andrade, Rafael Pereira
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/56805
• topic: Direito

The present thesis has as main objective the analysis of package travel contracts and linked travel arrangements and changes according to the Directive (EU) 2015/2302 compared to the previous directive. This Policy introduces some new concepts, such as "traveller" which shall include "consumer" and "professional customers or business". There is also a distinction between "package travels" and the emergence of a new regime "linked travel arrangements". Regarding to prices, these are to be more conjecturable, only being possible to increase prices up to 8% of the value of the package travel, as a consequence of changes in the cost of fuel or other energy sources, taxes or charges and exchange rates. In relation to compensation, the traveller may require a more efficient repair mechanism, requiring compensation for non-material damage, and may even require a price reduction by failures in the provision of travel services contracted. The operator must provide more and better information for the traveller in relation to package travel, their rights and their guarantees, through the various models of standard connectors. This will also be responsible for the accurate provision and implementation of all the travel services contracted. The traveller may, in unavoidable and exceptional circumstances, proceed to the free cancellation of the package travel. You can also, at any time prior to the beginning of the package travel, proceed to the contract termination, against payment of a fee. In relation to the assistance to be provided to the traveller in difficulty, the organizer is obliged to provide appropriate assistance to the traveller, if it finds itself in difficulties and assist the traveler in the establishment of communications at a distance and find alternative solutions. After transposition of the Directive 2015/2302 into national law, through the DL no. 17/2018, several were the amendments to the scheme until then in force (DL no. 61/2011), there was a greater approximation of the provisions laid down in more recent policy. One of the major criticisms of the new DL relates to the unnecessary liability between travel agencies and agencies’ retailers (Art. 35 NO3). There is, thus, a penalty for the retailers, not only by joint liability, but as well as by disproportionate contributions to the FGVT. Another unhappy novelty, relates to the use of the expression "direito de retratação" when it should be read "direito de arrependimento".