Collective Commentary about the New Package Travel Directive

438 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE As it happens with travel packages, the security requested for dynamic packages must be constituted according to the requirements of the national regulations of the Member States. This security may consist in the creation of a guarantee fund, contracting insurance, an endorsement or any other financial security. In the case of Spain, article 167 of the consolidated text of the General Act for the Protection of Consumers and Users, after considering these possibilities, indicates that the form in which such a security must be provided is the one determined by the relevant administration 9 . This way, article 167 of the consolidated text of the General Act for the Protection of Consumers and Users has stated, as the Directive does, how operators are obliged to provide a guarantee in cases of insolvency, even when it stablishes that the requirement of such a security is bound in all cases to what is particularly required by the Act for the Guarantee of the Market Unity 10 . The Spanish regulation stablishes the need for businesses that are not stablished in a Member State of the European Union, and which facilitate linked travel arrangements in Spain or target by any means such activities towards Spain, to provide the securities requested in the European regulation. As he did when regulating the requested securities in travel packages, the Spanish legislator has indicated when it should be considered that a company trading linked travel arrangements is in a situation of insolvency. This way, the act considers that such a situation takes place in the moment – as soon as it becomes evident, states article 167.3 TRLGDCyU – in which as a result of the entrepreneur’s insolvency, the travel services stop being executed, are not going to be executed or are only going to be partially executed. The cases in which service providers require the travellers to pay for them are also included 11 . III. INFORMATION THAT THE TRAVELLER MUST BE OFFERED Before the traveller is bound by any linked travel arrangements, he must be informed about certain issues. This obligation is also extended to those operators 9 In Spain the relevant authority on this topic are the bodies that have assumed competences on tourism in the different Autonomous Communities. 10 Act 20/2013, of 9 December, on the Guaranty of Market Unity. For a consolidated version of this act: https://www.boe.es/buscar/pdf/2013/BOE-A-2013-12888-consolidado.pdf. 11 On the interpretation of this concept of insolvency, which is different from the one used by the insolvency act, we have already made a critic on the comments to article 17 on this book, so as in BENAVIDES VELASCO, P., (2018), “La obligación de las agencias de viaje de prestar las garantías contempladas en la Directiva…”, op. cit .