Collective Commentary about the New Package Travel Directive

SPAIN | SERGIO CASTEL GAYÁN 1179 As regards the right of cancellation of the organiser or, where appropriate, the retailer, the latter may cancel the contract and reimburse the traveller for all payments made by the latter, but shall not be liable for any additional compensation in the circumstances provided for in Article 12.1 of Directive (EU) 2015/2302. The reimbursements or refunds provided for in this paragraph shall be made to the traveller without undue delay and in any event not later than 14 calendar days after the termination of the package travel contract. In the case of package travel contracts concluded outside the premises, the traveller shall have a period of 14 days to exercise his right to withdraw from the package travel contract without justification. 5. PERFORMANCE OF THE PACKAGE TRAVEL Another important aspect regulated in the LVC is the regime of liability for the performance of the package and the right of redress, providing that if any of the services included in the journey is not performed in accordance with the contract, the organiser and, where appropriate, the retailer shall remedy the lack of conformity, unless it proves impossible or if it entails a disproportionate cost, taking into account the seriousness of the lack of conformity and the value of the travel services concerned. Taking over the mandates set out in Article 13 of the Directive (EU) 2015/2302, the Spanish standard does emphasise that the organisers and retailers of package trips will be jointly and severally liable to the traveller for the correct performance of the travel services included in the contract, irrespective of whether these services are to be performed by themselves or by other providers. The person liable to the traveller shall have the right of replying to the employer to whom the breach or defective performance of the contract is attributable, according to their respective scope of management of the package. Where an organiser or retailer pays compensation, grants a price reduction or fulfils the other obligations under this law, he may seek redress from third parties who have contributed to the event giving rise to the compensation, price reduction or other obligations. LVC provides for the possible reduction of the price or damages for any lack of conformity, under the same terms and conditions as those set out in Article 14, paragraphs 1 to 3, of Directive (EU) 2015/2302.