Collective Commentary about the New Package Travel Directive

252 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE The timely notification is, therefore, a necessary condition for the sale, but it is not sufficient for its effectiveness 20 . In fact, it is required that the assignee of the package satisfies all the conditions necessary for the performance of the trip. Thus, the lack of conditions of both a bureaucratic nature (i.e. visa) and of a physical nature (i.e. physical fitness to the practice of a certain sport, having passed a certain age or not) prevents the new traveller from replacing the previous one and constitutes a further limit to the practical use of the institute 21 . As already stated, the European legislator does not forget to reconcile the interests of the parties on several occasions, although it retains the objective of protecting the traveller (consumer and, to a certain extent, professional). The assignment is a good example: in addition to setting the deadline within which to make the communication (pejorative for travellers), it introduces the obligatory nature of the durable medium in order to also guarantee the clear, correct and timely information by the professional 22 , unlike the provisions of Article 4.3 of Directive 90/314, which had nothing to do with the form of the notice. This does not mean, however, that the objective of guaranteeing that the traveller is informed, which is widely prescribed in the Directive 23 , is reduced on the occasion of the transfer. 20 For an analysis of the essentiality or otherwise of communication to the tour operator for the purposes of the sale of the transfer, see Ferrer Tapia, The subjective modification of the package travel contract: transfer of the package travel contract to another traveller, in Aa. Vv., The new package travel Directive, edited by Franceschelli – Morandi – Torres, Estoril, 2017, p. 331. On the qualification of communication as a burden see: Pierallini , Viaggi, vacanze e circuiti tutto compreso (Travel, vacations and all-inclusive circuits), in Le nuove leggi civili commentate , I-II, p. 31. 21 In terms of conditions, when the package contains services for which the name change is not allowed, it is interesting the interpretation of Silingardi – Morandi, La vendita di pacchetti turistici (The sale of tourist packages ), Torino, 1996, p. 58. 22 The definition of Durable medium is in Art. 3, paragraph 11: “‘durable medium’ means any instrument which enables the traveller or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored ”. The definition is identical to the one contained in the directive 2011/83 / EU then transfused into the consumer code decree 205/2006. On the form of the assignment of the travel contract see: Lepri, La forma della cessione del contratto di viaggio (The form of the assignment of the travel contract) , Padova, 1993, p. 146 and following. 23 The protection of the consumer (in this case the traveller) through the completeness of the information provided to him is a shared principle. See: Alessi, Diritto europeo dei contratti e regole dello scambio (European contract law and exchange rules) , in Eur. e dir. priv., 2001, p. 970; Rossi Carleo, Il diritto dell’informazione: dalla conoscibilità al documento informativo (The information law: from the knowledge to the information document) , in Riv. dir. priv., 2004, p. 349; De Cristofaro, La disciplina degli obblighi informativi precontrattuali nel codice del consumo riformati (The regulation of pre-contractual information obligations in the reformed consumer code) , in Nuove l. civ. comm., 2014, p. 922 and p. 925.