Collective Commentary about the New Package Travel Directive

442 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Finally, the text of the Directive just as it has been transposed in the national act must also be provided. As a closing clause and aiming not to close the infinite possibility of connecting services, the Directive has considered that, in the case that the special nature of the linked travel arrangements is not considered by any of the templates included in Annex II, the businessman will have to provide the information included in it. Under Spanish internal regulation, these provisions have been transposed by article 168 of the Consolidated Text of the General Act for the Protection of Consumers and Users. This article reproduces exactly the mandates of the Directive and remits to Annex III of the Spanish act, where these contents of the templates are also reproduced. IV. CONSEQUENCES OF THE BREACH OF THE REGULATIONS ON PROTECTION IN CASES OF INSOLVENCY AND TO PROVIDE INFORMATION TO THE TRAVELLERS As we have considered throughout this essay, the entrepreneur providing linked travel arrangements assumes obligations of two main kinds. The first of them is to create a security for the reimbursement of all the payments he receives from the travellers and, when relevant, taking care of their repatriation. The second obligation is to provide information on the legal protection of travellers. The consequences that the European legislator has considered for the breach of any of these obligations is to bind the provision of the commercialized services to the terms established by articles 9 and 12 and by Chapter IV of the Directive. The traveller acquiring linked travel arrangements will have a broader protection in these cases of breach of company obligations, as the rule extends to the traveller some of the rights considered for the buyers of travel packages. The contract of linked travel arrangements can be transferred to another traveller following the provisions of article 9 12 . The traveller will also have the right to end the contract of linked travel arrangement in any moment before the travel has begun and will also enjoy the right to desist, bringing to an end the contract before it starts, without having to pay any penalty, in cases of unavoidable and extraordinary circumstances, while getting the complete reimbursement of 12 We forward to the comments to article 9 on this book.

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