Collective Commentary about the New Package Travel Directive

SPAIN | SERGIO CASTEL GAYÁN 1177 pre-contractual information, so that the information provided to the traveller in accordance with the letters a), c), d), e) and g) of Article 6.1 of the Directive (EU) 2015/2302 shall be an integral part of the package travel contract and shall not be amended unless expressly agreed otherwise by the contracting parties. The organiser and, where appropriate, the retailer, shall inform the traveller before the conclusion of the package travel contract, in a clear, understandable and unmistakable manner, of all changes to the pre-contractual information. If prior to the conclusion of the contract the organiser and, where applicable, the retailer do not meet the requirements for information on commissions, charges or other additional costs, the traveller shall not have to bear them. The special regime laid down in the LVC for linked travel arrangement contracts is supplemented by the requirement of certain pre-contractual information requirements, as well as the compliance with the requirements of Article 19.2 of Directive (EU) 2015/2302. As regards the contents of the package travel contract and documents to be delivered before the start of the journey, the Spanish standard reproduces the provisions contained in Article 7 of the Directive (EU) 2015/2302, recalling that the burden of proof in relation to compliance with the reporting requirements will be on the employer. 3. MODIFICATIONS OF THE CONTRACT BEFORE THE START OF THE PACKAGE TRAVEL LVC recognizes the right of the traveller to assign the package travel contract to a person who meets all the conditions applicable to that contract. This transfer must be communicated in advance to the organiser or, where appropriate, to the retailer, in a durable medium, at least seven calendar days before the start of the package travel. The assignor of the contract and the assignee shall be jointly and severally liable for the outstanding amount of the agreed price, as well as for any commission, surcharge or other additional costs arising from the assignment. The organiser or, where appropriate, the retailer shall inform the transferor of the actual costs of the transfer. Such costs shall be reasonable and shall not, in any event, exceed the costs actually incurred by the organiser and the retailer as a result of the transfer. As regards the modification of the price, the LVC provides that after the conclusion of the contract, prices may only be increased if it expressly reserves