Collective Commentary about the New Package Travel Directive

142 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Therefore, the legal regulation of these different contracts will be individual for each kind of service contracted. As individual services, the legal regulation will be the one that results from the relationship that is concluded between the consumer and the provider of the service (transport, accommodation, rental of a vehicle without a driver, etc.). This also means that, in case of disagreement, the responsibility will be of the service provider 16 . To the previous regulation we must add, undoubtedly, the general regulation of the General Consumer and User Protection Act, when it can be used as a supplementary regulation (for example, regarding the abusive clauses, the advertising contract integration, etc.) of those referring to electronic commerce and other distance contracts, both in the General Consumer and User Protection Act (with express exception of the withdrawal that is not applicable to leisure and tourism services), according to Law 34/2002, of July 11, on the Services Information Society and Electronic Commerce 17 . Likewise, and with residual character, the general norms of responsibility are contained in the Civil Code. IV. THE CHANGES CONTAINED IN THE DIRECTIVE 2015/2302, OF 25 NOVEMBER 2015, FOR THE FUTURE REGULATION OF THE DYNAMIC PACKAGE The Directive 2015/2302, as expressed in its initial sections, aims to address the regulation of the package travel and linked travel arrangement or dynamic package harmoniously among Member States, in the interest of achieving better consumer protection. However, a quick read of the clauses indicates that it does not approach with equal clarity and security the different forms of contracting on the Internet. On the contrary, it seems to justify the modification of the Directive 90/314/EEC by undertaking in greater depth the changes on package travel and avoiding establishing the dynamic package as a different product from 16 Against it is CAMARGO GÓMEZ, J.D.: “Contratación electrónica de paquetes dinámicos de turismo en el ordenamiento jurídico español”, ob. cit., p. 119, who understands that the service provider is a third party outside the contract and against whom the consumer can only take action to claim compensation if the contract signed between the travel agency and the particular provider of the service is configured as a provision in favor of third party (article 1257 Civil Code); although, in this respect too, he has his doubts defending the approach outside the contract. 17 It should be kept in mind that when this organization and sale of tourist services is done telematically, the provisions of the Law 34/2002, of July 11, on the Services Information Society and Electronic Commerce must also be taken into account. MÁRQUEZ LOBILLO, P.: “El consumidor en la contratación electrónica de servicios turísticos”, ob. cit., p. 209 and following.