Collective Commentary about the New Package Travel Directive

952 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 1.2. This article analyzes the main decisions adopted by ICA in the sector of package travel according to the pre-existing legislation and the most significant changes introduced by the new discipline, in order to verify the impact of the reform on the surveillance activities of ICA. 2. ICA DECISIONS ON TOURIST PACKAGES 2.1. In the past, actions of ICA in the tourism sector were based on the rules of the Consumer Code on unfair commercial practices, while also taking into account the specific legislation on package travel. 2.2. ICA identified significant unfair practices in the lack of transparency in travel packages advertising, as well as in the lack of conformity in the performance of the travel services, such as, for example, the violation of the right to reimbursement of the price paid by the consumer in the event of cancellation of package tours 2 . ICA addressed several issues with a significant impact on the while monitoring the activities of online travel agencies. This is an innovative distribution channel analized in the most recent ICA decisions. 2.3. In one case, ICA established the existence of an unfair commercial practice consisting in the repeated modification of one or more of the elements of the contracts, without the respect of the guarantees prescribed by the relevant legislation. In this case, ICA established that traders must ensure the satisfaction of the “ tourist objective ” of the consumer, taking action to remove, the obstacles that prevent him from enjoying the holiday as far as possible 3 . Other ICA’s decisions concerned the offer of travel packages with the so-called “ formula roulette ”, i.e. promotions according to which the consumer chooses the destination and the category of the hotel, but will not know the name of the 2 See ICA decision 4 december 2014- PS9620 – I viaggi di Atlantide, confirmed by Consiglio di Stato Judgement, 30 april 2019, n. 2818; ICA decision 19 november 2014 – PS9613- Eden Viaggi , confirmed by Consiglio di Stato Judgement, 18 july 2017, n. 2017; ICA decision 26 november 2014 – PS 9622- Phone&Go, confirmed by Consiglio di Stato Judgement, 8 july 2019, n. 4763; ICA decision, 26 may 2010 – PS853- Bluvacanze, confirmed by Consiglio di Stato Judgement, 19 january 2012, n. 209. 3 See ICA decision, 10 december 2009- PS233- Todomondo.