Collective Commentary about the New Package Travel Directive
4. When the performance of the package is affected by the organiser’s insolvency, the security shall be available free of charge to ensure repatriations and, if necessary, the financing of accommodation prior to the repatriation. 5. For travel services that have not been performed, refunds shall be provided without undue delay after the traveller’s request. Dr. Patricia Benavides Velasco 1 ABSTRACT : In this paper 2 we will consider article 17 of the Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015, on package travel and linked travel arrangements, amending Regulation (EC) no. 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EE. We focus on the obligation of the Member States resulting from the Directive to include in their national legislation the duty of organisers of travel packages to provide security for the refund of all payments made by travellers, insofar as the relevant services are not performed as a consequence of the organiser’s insolvency. Among other topics, we will study the requirements that such guarantees must meet, the way it functions and the determination of its beneficiaries. Keywords: Package travel, traveller, consumer, guarantees, insolvency, travel organiser. I. Introduction; II. Adaptation of the regulatory framework on the insolvency of travel packages organisers; 1. Directive 90/314/EEC, on travel packages; 2. A terminological 1 Commercial Law Senior Lecturer. University of Málaga, Spain. E-mail: firstname.lastname@example.org . 2 This essay is made within the framework of the Research Projects “Modernización y competitividad del tejido empresarial andaluz tras la crisis. Marco societario y entorno digital. Conflicto y soluciones” (TEASOTIC), UMA18-FEDERJA-269. I.P. González Fernández. The author is a member of the Research Group Tourism, Land Planning and Environment (TOTMA) integrated within the University Institute ECOAQUA of the University of Las Palmas de Gran Canaria.