Collective Commentary about the New Package Travel Directive

ARTICLE 4 | PILAR JUANA GARCIA SAURA 207 and they distort the competence between operators established in different countries. The directive is a minimum standard , so Member States can adopt, or retain, more stringent provisions regarding the matter regulated for the purpose of protecting the consumer. It follows the policy established in most directives issued for consumer protection, that is, only a basic harmonisation of the legislations of Member States, so the measures for higher consumer protection can be different in the different Member States. Spain transposed the Directive after a delay of more than two years, as usual. The transposition deadline was 31 December 1992, and the Spanish Law 21/1995 on package travel is of 7 July 1995 9 . 3.2. Directive 2015/2302 on package travel and linked travel arrangements. Maximum harmonisation According to article 4 of Directive 2015/2302 10 , it must be considered a directive for maximum harmonisation, unlike the previous directive , which was for minimum harmonisation. It only contains an exception to that requirement regarding the responsibility for the performance of the package travel (art. 13, paragraph 1). In the context of package travel and linked travel arrangements contracting, the Directive 2015/2303 justifies the maximum harmonisation in the recitals. Thus, it understands that in order to complete an internal market ensuring the free movement of goods and services and the freedom of establishment (in accordance with article 26(2) and article 49 TFEU), it is necessary to harmonise the rights and obligations arising from contracts relating to package travel and to linked travel arrangements. It also understands that the differences between the rules protecting travellers in different Member States act as a disincentive for travellers in one Member State from buying packages and linked travel arrangements in another Member State and, likewise, a disincentive for organisers and retailers in one Member State from selling such services in another Member State. Therefore, it supports the approximation of legislations of the Member States relating to package travel and linked travel arrangements in order to enable travellers and traders to benefit from the internal market. 9 BOE (Spanish State Official Gazette) No. 161, of 7 July 1995. 10 “Unless otherwise provided for in this Directive, Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions which would ensure a different level of traveller protection” .