Collective Commentary about the New Package Travel Directive

556 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE confirmation in writing and until he has consented to it, in writing or on a durable medium. Under the new relationship between Directive 2011/83 and the package Directive, the above-mentioned rules have to be applicable to the package as well, presumably with the same rules of the construction issues that Italian authors had already pointed out, concerning the formal procedures required by Art. 51, par. 6 of the Consumer Code 18 . As to repentance withdrawal from off-premises contracts, Art. 12, par. 5 of the Directive, states that Member States may provide, in their national laws, that the traveller has the right to withdraw for the package travel contract within 14 days, without giving any reason. Such provision differs significantly from the discipline of the right of withdrawal contained in Arts. 52-59 of the Consumer Code, which implement Directive 2011/83. The Tourism Code, in its Art. 41, par. 7 lett. g), on the other hand, set forth that traveller has the right to withdraw without penalties and ad nutum provided that such right is to be exercised no later than 5 days from the conclusion of the contract or form the later date on which the traveller should have received the contractual conditions and the information. According to Italian doctrine 19 : “ The right of withdrawal is then completely ruled out if traveler has had access to offers with significantly reduced rates compared to the current offers, without prejudice to the burden for the organizer to document the price change by adequately highlighting the exclusion of the right of withdrawal. However, this is a choice substantially consistent with provisions set out by art. 2, par. 1 of Legislative Decree N. 62/2018, which establishes, in implementing provisions regarding art. 27 of the Directive (EU) 2015/2302, that the provisions of Section I to IV of Chapter I, Title III of Legislative Decree No. 206/2005 (articles 48-67 of the Consumer Code) do not apply to organized tourism contracts governed by the Tourism Code ”. 3. CONCLUSIONS The analysis of the Law and, in particular, of Art. 27, as implemented in Italy, clearly shows that the new Directive not only deals with all the relevant aspects of organized tourism contracts but it also extends the protection, provided for in Artt. 6(7), 8(2), 19, 21 and 22 of Directive 2011/83, as implemented in Italy by 18 Among others, Bravo, I contratti a distanza nell’evoluzione del diritto privato europeo , in Guido Alpa (a cura di), I contratti del consumatore , Milano, Giuffrè, 2014, p. 529 ss. 19 Morandi, The New Package Travel Directive , cit. p. 616.