Collective Commentary about the New Package Travel Directive

ARTICLE 17 | PATRICIA BENAVIDES VELASCO 387 The Travel Packages Directive is included within this relevant European policy, as it recognizes some minimum rights for consumers. The important role that tourism plays in the economy of the European Union and the fact that travels represent a significant part of such a market show why these travel packages deserve special legal protection. However, we’ve found that the regulation does not consider that tourism deserves an integral and specific policy. Notwithstanding its economic relevance in the entire Union territory, tourism is approached from other general policies, such as the ones for consumers – as happens in this case –, transports or even competition 7 . II. ADAPTATION OF THE REGULATORY FRAMEWORK ON THE INSOLVENCY OF TRAVEL PACKAGES ORGANISERS 1. Directive 90/314/EEC, on Travel Packages The repealed Directive 90/314/EEC on Package Travels, package holidays and package tours (henceforth, DPT) 8 provided a set of important rights to consumers. Among them there was the protection against the insolvency of the organiser or retailer that commercialized the package travel. The harmonization of laws, regulations and administrative provisions of the member States, relating to travel packages sold or offered within the territory of the European Union, was one of the main goals of this Directive 9 . Both the consumer and the companies of the industry were supposed to benefit from this regulation if organisers and/or retailers that sold these kinds of travels were bound to provide security in case of insolvency. In particular, article seven of the Directive stated that both the organiser and/ /or retailer party to the contract shall provide sufficient evidence of security for the refund of the paid amount, as well as for the repatriation of the consumer in the event of insolvency. 7 On the evolution of the European Union interest on tourism matters, see BENAVIDES VELASCO, P., (2010), “La política Turística de la Unión Europea y el Ordenamiento jurídico español”, in Derecho del Turismo Iberoamericano , (Coord. D. Benítez), LibrosenRed, Buenos Aires. Also, TORRES CAZORLA, M.ª I and BENAVIDES VELASCO, P., (2010), “La incidencia de la normativa comunitaria en materia turística en el Ordenamiento Jurídico español”, in Veinticinco años de impacto del Derecho comunitario en el Derecho español , (Dir. C. Molina del Pozo), Liceus, Madrid. 8 Council Directive, of 13 June 1990, on package travel, package holidays and package tours (90/314/EEC), Official Journal of the European Communities, L 158, 23 June 1990. 9 AURIOLES MARTÍN, A., (1992), “La Directiva sobre viajes combinados y la adaptación de la normativa española de Agencias de viaje”, Revista de Derecho Mercantil , 206, pp. 819 ff.