Collective Commentary about the New Package Travel Directive

ARTICLE 3 | INMACULADA GONZÁLEZ CABRERA 143 the sum of multiple single services to whose regime it remits at the end. In effect, the Directive 2015/2302 recognizes the need of “ the harmonization of the rights and obligations arising from contracts relating to package travel and to linked travel arrangements is necessary for the creation of a real consumer internal market in that area, striking the right balance between a high level of consumer protection and the competitiveness of businesses ” (See num. 5). However, this balance cannot be understood by assimilating linked travel arrangement or dynamic packages into package travel. They cannot be granted the same regulation, due to the fact that the legislator considers this solution excessive. Whereas number 9 of the Directive 2015/2302 is absolutely clear when it states that “[f ]or the sake of transparency, packages should be distinguished from linked travel arrangements, where online or high street traders facilitate the procurement of travel services by travellers leading the traveller to conclude contracts with different travel services providers, including through linked booking processes, which do not contain the features of a package and in relation to which it would not be appropriate to apply all of the obligations applicable to packages” . This is the most consistent solution, in our view, because it faces the reality of our market, which allows the consumer to carry out the assembly or combination of the tourist services, and the operator is ultimately not the one who must supply them. Therefore, it does not seem justifiable that, as intermediary, the operator must assume any responsibility for disagreements, unless otherwise agreed. This does not prevent us from pointing out that a greater concern in the organization of linked travel arrangement would have been wise. Certainly, the Directive 2015/2302 focuses on maintaining an adequate consumer protection when contracting or enjoying a package travel, leaving the protection of the user at the discretion of the national legislators, when acquiring or enjoying the services of a dynamic package. However, the European legislator requires minimum levels of attention to that consumer, ranging from the information to which they are entitled, so that they know the product they acquire (package travel or linked travel arrangement), up to the recognition of a liability guarantee for insolvency cases 18 . 18 Indeed, the concern to avoid that in the future the consumer could confuse the service or the services that he has contracted and the protection that derives from said contracting, led the Parliament and the Council to impose on tour operators a duty to inform the consumer of the product they offer before the contract is concluded. In addition, and due to the conviction that the user of dynamic packages requires similar protection to the consumer of the package travel, at least in case of failure tied to insolvency of the operator, the Parliament and the Council have also been concerned enough to establish similar measures to protect the user of packages holidays in respect of the insolvency of tour operators through which they have entered into a contract.