Collective Commentary about the New Package Travel Directive

ARTICLE 1 | F. JAVIER MELGOSA ARCOS 61 approximating rules on package travel matter and other combinations of services. This is to establish a level playing field among operators, to eliminate obstacles to cross-border trade and to reduce compliance costs for businesses, ultimately, to adapt to the so-called ‘digital age’. The study entitled ‘Consumer detriment Study in the area of Dynamic Packages’ revealed that problems with these travel services are becoming more frequent andmore damaging to consumers than those associated with traditional package holidays. They also suffer losses in the latter, since some provisions have become obsolete, such as the absence of consumers’ right to cancel the package holiday before departure. In short, as MARTÍNEZ SPIN (2014) points out, the 1990 Directive has become outdated and travel market is constantly changing. II. THE TOURIST PROTECTION IN THE DIRECTIVE (EU) 2015/2302 OF 25 NOVEMBER 2.1. Structure of the Directive The Directive consists of 31 articles and three annexes (I and II with different forms of standardized information and III with a correlation table with Directive 90/314 / EEC), it will clarify and modernize the scope of protection of travellers that acquire combinations of travel services that integrate different forms of travel packages and assisted services of purchased online travels. It also ensures that travellers will be better informed about the services they purchase and that solutions, in case of default, are clearer. They apply to all travel combinations. Chapter II contains the obligations of information and content of package travel contract (Article 5 contains pre-contractual information, Article 6, the binding nature of pre-contractual information and the conclusion of the contract, Article 7, content and documents that have to be delivered before the trip, and Article 8, the burden of proof ). Chapter III, with four articles too, refers to changes to the package travel contract before the start of the package (Article 9 refers to transfer of the package travel contract to another traveller, Article 10 to alteration of the price, Article 11 to alteration of other package travel contract terms and Article 12 to termination of the package travel contract and the right of withdrawal before the start of the package).