Collective Commentary about the New Package Travel Directive

394 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE the concept of travel services of the renting of cars, motorbikes and other motor vehicles 29 . Along with the travel packages designed by the traveller, taking an active position in the designing of the travel itself, both by contacting a single trader or many, contracting independently with each one of them; furthermore other products that used to be in a legally undefined situation or were not covered by the previous regulation are also considered 30 . The goal of this Directive is to adapt the scope of protection to travellers taking into account the evolution that the industry has undergone, increasing the level of disclosure in the transactions and reinforcing the legal security of travellers and businessmen. The greater harmonization of the internal regulations of the member States that this Directive intends will promote the cross-border travel packages market that, insofar, has not been wholly exploited. As we have already mentioned, the disparity between the rules for the protection of travellers in the different member States has been a dissuasive factor that deterred travellers from a member State from contracting travel packages in another member State. This negative effect is also reproduced in a reverse way. Therefore, organisers and retailers of a member State weren’t interested either in commercializing their services in other member States. All these reasons entailed that travellers and businessmen have not been able to fully enjoy the potential of the internal market. A more harmonized regulation coming into force in all the member States will implement a higher level of protection for consumers and will foster the promotion of business activities in the field of travel packages. III. PROTECTION AGAINST THE TRAVEL PACKAGES ORGANISERS’ INSOLVENCY 1. Some remarks on the insolvency of tourist operators Judicial proceedings regarding insolvency are different in each member State. That is why the European Union is trying to foster the efficiency of national 29 TORRES, C. (2017), “A new paradigm in the protection of travelers in the digital age”, in The New Package Travel Directive , (Eds. V. Franceschelli. F. Morandi and C. Torres), Lisbon, Portugal, ESHTE/INATEL, pp. 307 ff. 30 BENAVIDES VELASCO, P., (2018), “A new draft regulation of package travels in Spain”, in Sustainable Tourism Law, (Ed. V. Franceschelli, F. Morandi y C. Torres), Esthe/Inatel/Alentejo, Estoril, Portugal, pp. 541 ff.