Collective Commentary about the New Package Travel Directive

PORTUGAL | CARLOS TORRES 1099 It’s not that retail travel agents fear many of the foreseen and known changes, some precisely reinforcing the guarantees of consumers (travellers), given that they have successively shown their capacity for resilience, adapting and overcoming constant changes and alterations in the sector. This thanks to their seemingly inexhaustible ability in terms of expertise, training and professional qualification, much higher than the average of the national economy and that of the tourism sector itself. Ten days before the start of the main tourist event, more than uncertainty, there is a genuine and wellfounded concern that the steps left to take after publication will be too short for the small window available. The timing of reconciliation between partners has been irretrievably and unjustifiably missed, due to the pressure of the anticipated sales, already in progress. Not even the announced possibility of revising the legislation within 1 year will be enough if, in the meantime, serious problems arise in the sector. Therefore, the granting of a minimum period of adaptation of 6 months after the transposition, unequivocally planned for in the original text, would not constitute nor favour nor benefit, rather the repair of a fault that the overwhelming majority of the market is unaware of. This would not be something new; we have a sad record for lack of timely transposition of European directives, and we are currently subject to notification of non-compliance. There are, apparently, still two good pieces of news: not needing additional contributions (for now) from small and medium agencies to the Guarantee Fund, never forgetting that these were the largest proportional contributors to the Fund and will continue to be so in the future; and the departure from the scope of the Directive of so-called professional travel (whose legal strength is yet to be determined). However, the protection of the great interests of the sector cannot be exhausted in the protection, equally legitimate, of the interests of the great ones of the sector. So let us be moderately optimistic, even if in public, and only then, some will manifest themselves suitably, omitting the doubts and concerns expressed in private, and follow the words of Mestre Agostinho da Silva: “ What matters in life is not to predict the dangers of the travels, it is to have made them ”. Furthermore, Portuguese travel agents will undoubtedly comply with the disregard suffered and, unlike others, even with added difficulties that are utterly dispensable, with the function they’re responsible for. (i.e. Contraption). Although not part of the Government, it gave the party parliamentary support, which may explain why it had to drop the initiative without it even being discussed in plenary, merely expiring. An indeed inglorious end for all the work developed, but, nonetheless, it was an expected consequence of all the pressure exerted. “Consideration of executive laws No. 61/xiii/3 rd Decree-Law No. 17/2018, of 8 March, which “Establishes the regime for access and exercise of the activity of travel and tourismagencies, transposing Directive (EU) 2015/2302 ” (Published in the Diário da República No. 48/2018, Series I of 20180308) Explanatory Memorandum With Decree-Law No. 17/2018, of 8 March, the Government transposes Directive (EU) 2015/2302, introducing significant changes as to its meaning, which raises the need for a broader discussion, given the importance of consumer guarantees and the development of the tourism sector. Various agents have raised doubts in the tourism sector regarding the way