Collective Commentary about the New Package Travel Directive

392 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE content of this concept is not always consistent in the different national regulations and with the European consumers Law 21 . The majority of European regulations about consumers consider that “trader” means any natural or legal person who, in commercial practices, is acting for purposes relating to his trade, business, craft or profession and anyone acting in the name of or on behalf of a trader 22 . By contrast with this notion of trader, consumer means any natural person who, in commercial practices covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession 23 . However, in our consideration, these definitions of consumers and businesses or professionals are not intended for the definition of the level of protection that the regulation regarding the contracting of travel packages confers. The Directive considers that ‘traveller’ means any person who is seeking to conclude a contract or is entitled to travel on the basis of a concluded contract, within the scope of this Directive. Meanwhile, ‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive, whether acting in the capacity of organiser, retailer, trader facilitating a linked travel arrangement or as a travel service provider. 3. Directive (EU) 2015/2302, on package travel and linked travel arrangements 24 The relevant changes that the tourism services distribution channels have undergone, and the efforts made in this industry to segment the offer, as well as the widespread use of the Internet, not only as a contracting instrument, but also 21 This is the case of Spanish regulation. The ConsolidatedText of the General Act for the Protection of Consumers and Users considers as consumers or users the natural persons acting for purposes that are outside his trade, business or profession. However the Act expressly excludes from the subjective scope of this definition all the provisions included in the Fourth Book of the Act, relating to travel packages. As a result of this, articles 153 and ff. of this act refer to the traveler. 22 This is the definition given by article 2.b) of the Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market. In the same way, article 2, 2.2. of Directive 2011/83/UE of the European Parliament and of the Council of 25 October 2011 on consumer rights. 23 See article 2.º, a) of Directive 2005/29/CE and article 2.º, 2.2. of Directive 2011/83/EU. 24 On linked travel arrangements, see Comment to article 19 on this Book.