Collective Commentary about the New Package Travel Directive

404 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE as their individual contribution to the guarantee. A global minimum amount of two million five hundred thousand euros is also fixed 50 . As already noted, it will also be possible for the organiser or retailer of travel packages to contract insurance to cover this contingency for every acquisition of a travel package 51 . 4. Doubts about the moment in which the insurance provided for the travel packages organisers’ insolvency must be activated As indicated throughout this essay, the Directive requests the guarantee to be activated as soon as possible – without undue delay, as noted in the text. Its activation only depends on the fact that the corresponding services of the travel packages are affected by the same reason that led to the insolvency of the organiser. To that extent, the offered protection must be available as soon as the provision of the travel services stops, considering whether the services are not going to be provided or are only going to be partially provided as a consequence of the liquidity problems of the organiser. It will also be activated in cases where the providers of the services request the payment to the travellers. Here arises the problem to determine what does the European legislator consider when he uses the term insolvency. National regulations should have clarified the extent and determine if this concept refers to the situation of insolvency of the organisers or if, on the contrary, this guarantee is activated in case of an occasional breach of contract in the provision of the services linked to a situation in which the organiser or retailer cannot be liable for the payments. Considering this problem, under the Spanish regulation we can consider that the Insolvency Act 52 determines the proper situation in which an undertaking or natural person is under a situation of insolvency. Article 2 of the Spanish Insolvency Act considers that the declaration of insolvency takes place in case of insolvency of the common debtor. This debtor will be in an insolvency situation if it cannot regularly comply with its obligations 50 These amounts are equal in Andalucía, Baleares Islands, Canary Islands and Madrid. The Catalonian regulation does not make an express mention to the possibility of the guarantee to be collective, even when we consider that there is no legal obstacle to collectively cover this risk, provided that the minimum requirements considered by the national regulation are satisfied. 51 This is considered in Andalucía, Canary Islands, Madrid and Catalonia. The regulation of the Baleares Islands does not contain any provision to this extent. 52 Act 22/2003, of 9 July, on Insolvency, BOE no. 164, of 10 July 2003. A consolidated version of this text is available in: https://www.boe.es/buscar/pdf/2003/BOE-A-2003-13813-consolidado.pdf.