Collective Commentary about the New Package Travel Directive
914 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE responsibilities deriving from the provision of “various types of travel services for the same trip or holiday”, pursuant to art. 33, par. 1, lett. c) , of the Tourism Code. In line with art. 19 of the Directive, art. 32, par. 2, lett. f ), of the Tourism Code considerably innovates the internal legal framework by introducing the “linked travel arrangements” figure, which faithfully incorporates the content of the European Union legislation. The new particular case is the combination of at least two different types of travel services for the same trip or the same holiday by separate suppliers, if a professional facilitates the purchase at the time of a single visit or a single contact with the point of sale, or rather, if it facilitates the targeted purchase within 24 hours of an additional service with another professional. In this regard, Section VI (art. 49) of the Tourism Code provides for specific protection obligations in the event of insolvency or bankruptcy and timely information obligations in relation to linked travel arrangements, also extended to professionals not established in a Member State which by any means direct their activity to a Member State. 4. THE FORM OF THE CONTRACT AND INFORMATION OBLIGATIONS Section II ( Information obligations and content of the package travel contract , articles 34-37 of the Tourism Code) is practically identical to articles 5, 6 and 7 of the Directive (EU) 2015/2302, regarding the information obligations that affect the organiser, the retailer and the content of the package travel contract 33 . The information is binding for the contracting parties and, since they form an integral and substantial part of the relationship, cannot be modified without an express agreement between the contracting parties (art. 35, par. 1, of the Tourism Code). Following the Directive’s indications, Italian law establishes detailed information obligations at every stage of the agreement between tour operator, retailer and traveller, from the negotiations (art. 34, of the Tourism Code, Pre- -contractual information ) to the conclusion of the contract (art. 36 same Code, Content of the package travel contract and documents to be provided before the start of the package ), up to the execution phase. 33 See F. Romeo, Il processo informativo nella commercializzazione dei contratti di viaggio , in La nuova disciplina europea dei contratti di viaggio , cit., p. 29; R. Pasquili, Il contenuto e la forma del contratto di viaggio , ivi, p. 47.
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