Collective Commentary about the New Package Travel Directive

150 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE regulation that is fully dealt with in terms of the package travel contract is addressed in the Directive 2015/2302 but it only tangentially touches the dynamic package. This regulation does not assign the same type of responsibility that it does for the organizer of a package trip, which is permanent and applicable when the operator that permits the assembly of the package informs the consumer that he is not acquiring a package travel. Certainly, the reasonable protection of the Directive, which must be expected when the consumer purchases a linked travel arrangement, is only and exclusively limited to imposing on the tour operator a restricted obligation to inform, which carries a practically negative nature. The duty to inform the buyer that he is not purchasing a package travel is mandatory, so he does not have the legal protection for this kind of contract and the trader is the only responsible figure for any disagreement with the contract signed. The trader assumes the provision of the service. The other references to the linked travel arrangement in this norm can be found in Annex II, in which the standardized documents are collected to comply with the information required. This obligation of information, which is different when the tour operators offers a package travel contract, is imposed to the tour operator that allows consumers to combine the various elements of the package on their website (directly or redirecting them to other websites with whose traders they have an agreement) and is limited to informing the buyer of the dynamic package for the specific product it acquires, requiring him to clarify that the buyer does not contract a package travel and, therefore, it does not have the protection that the Legal System provides for this particular contract (article 19.2 of the Directive 2015/2302). Among the issues foreseen for package travel, the responsibility of the organizer is different from the one assumed by the operator, which is to permit the assembly of the dynamic package. Indeed, the travel agent is under an obligation to provide a guarantee that will be effective, both in the event of insolvency of the direct service provider (including the carrier) which leads to a refusal of supply or if it requires the passenger to pay for it, like when the need arises to repatriate the traveller. Certainly, the measures taken by the European legislator to protect the acquirer from dynamic packages are a weak guarantee against insolvency and the right of information. These negative outcomes are, fromour point of view, far fromproviding a reasonable protection. That does not mean, as we have also indicated, that we defend a similar protection for the package travel and the dynamic package. Thus, and as regards the guarantee against insolvency, it is established that the tour operator is obliged to return the amounts that have been paid if the