Sustainable Tourism Law

550 SUSTAINABLE TOURISM LAW effective when a travel service is not performed as a consequence of the insolvency of the company. Moreover, if these providers are also responsible for the transportation of the passengers, this guarantee also extends to their repatriation. The Directive requires the providers of linked travel arrangements to offer some information before the conclusion of the contract. Providers must inform the travellers that they will benefit from insolvency protection, and that they will not benefit from any of the rights that apply exclusively to travel packages. This informationmust also include how each service provider will be solely responsible for the proper contractual performance of his service. This information must be complied with in the standard forms set out in the Annex of the Directive. Considering the broad diversity of products that may be offered, the Directive also requires providers to offer the same information about eventual services that are not mentioned in the Directive. The breach of these duties of protection against insolvency and information by the provider of linked travel arrangements allows travellers to terminate the contract at any time before the start of the package, as considered by article 12 of the Directive. Travellers are also granted the right to claim damages arising from an inadequate execution of the services included in a contract of package travel, so as to make a claim regarding the necessary assistance. IV. THE DRAFT BILL AMENDING THE CONSOLIDATED TEXT OF THE GENERAL LAW FOR THE PROTECTION OF CONSUMERS AND USERS IV.1. The reasons for an amendment of the regulation of travel packages in the Spanish legal system As stated above, the use of new means in the contracting – in particular, the Internet – has come to question the effectiveness of the previous rules on travel packages. The situation was of special relevance with regards to the protection of the purchasers of such services when contracting by the Internet. The reform was also motivated by the interest of the European institution to expand the protection of the consumers of travel packages and travel services, as well as by the need to harmonize the national regulations under a full harmonization approach. The situation at a European level has motivated the need – at a national level – of a reform of the Consolidated Text of the General Law for the Protection of Consumers and Users.

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