Collective Commentary about the New Package Travel Directive

370 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE intermediation as “a special subtype of the mandate contract” 14 . Thus, for the cited art. 44, in their capacity as agents, retailers must undertake, on behalf of tourists, to send to organisers any messages, requests or complaints relating to the execution of the package, primarily because the extrajudicial formal notice act interrupts the expiration of the limitation period. As a result, receiving formal notice letters by retailers also has interruptive effects towards organisers, regardless of their knowledge and, therefore, the transmission of the document. France implemented the EU Directive 2015/2302 with Order No. 2017 – 1717, dated December 20, 2017 15 . The modified art. L. 211 – 16, second clause, of the Tourism Code, reproduces the European text without any adjustments to make the Law more coherent with the internal system. Although both organisers and intermediaries are responsible for the execution of the contract, art. L. 211 – 16, second clause, of the Tourism Code, only refers to the activity of the former. In fact, travellers must notify any discrepancies as quickly as possible in the execution of the package and, in this regard, may send requests, messages or complaints to organisers through the retailers. The latter will intervene as agents, collecting and issuing formal notices for defaults perpetrated by organisers, regardless of the extensive criteria with which French Law conceives the liability of the retailer, thus taking advantage of the freedom granted by the directive. The choices made by Spain and Portugal were somewhat similar. In art. 163 of the Royal Decree, dated 16 November 2007, No. 1, amended by the Royal Decree, dated21December 2018,No. 23 16 , the Spanish legislator too implemented art. 15 of the Directive. Art. 163 was placed in the fourth chapter of the Royal Decree No. 1 of 2007, relating to liability and, although the intermediary’s responsibility for the execution of the contract is regulated, it regards different defaults, which cannot be attributed to them. Portugal came to the same conclusions via Decree No. 17, dated 8 March 2018; its art. 33 does not differ from the literal tenor of art. 15 of the Directive. The same applies to Belgium 17 . Through Decree No. 12, dated 29 January 2018, without attempting to 14 See Morandi, The new European Union rules on tourist packages and linked travel arrangements in the Italian experience, being published. 15 Via order No. 2017 – 1717, dated 20 December 2017, France amended some provisions of the Tourism Code, to make it consistent with the EU Directive 2015/1302. 16 Via the Royal Decree, dated 21 December 2018, No. 23, Spain amended the Law relating to consumer protection and other complementary laws, approved by Royal Decree, dated 16 November 2007, No. 1, in order to make them consistent with the EU Ddirective 2015/1302. 17 Regarding Belgium, see articles 40 and 41 of the Loi 21 novembre 2017 relative à la vente de voyages à forfait, de prestations de voyage liées et de services de voyage .