Sustainable Tourism Law

A NEW DRAFT REGULATION OF PACKAGE TRAVELS IN SPAIN 561 This regulation entitles the Autonomous Communities to determine the means by which such guarantees shall be provided. In particular, this may be constituted by the creation of a guarantee fund, the contracting of insurance or any kind of financial guarantee. The Spanish draft regulation has extended the duty to guarantee to package travel consumers the fulfilment of the obligations arising from the provision of such services. In particular, this duty has been extended to retailer travel agencies with regards to insolvency situations. Any retailer that sells or offers package travels in Spain, or that by any means directs its activities towards Spain, is subjected to this duty, even when it is not addressed within the territory of a European Union Member State. Article 164.5 of the draft bill states that when the execution of the package travel is affected by the insolvency of the organizer or the retailer, the guarantee shall be activated free of charge for repatriations and, if necessary, for the funding of the accommodation previous to such repatriation. The draft bill deviates from the text of the Directive when considering that if the execution of the travel is not affected by any reason other than insolvency, such a guarantee will be affected in terms of the fulfilment of the obligations imposed by a final judicial decision, ruling upon an action brought about by the economic liabilities of organizers and retailers, or any effective and binding out- -of-court settlement. The draft bill also deviates from the Directive when considering the requirements of protection against insolvency in the cases of acquisition of package travel services. As already mentioned, the Directive required the establishment of contact points to facilitate European and national administrative cooperation. This duty must be accomplished by the Energy, Tourism and Digital Agenda Ministry, which will play the role of central contact point. Relevant autonomous authorities shall control the organizers and retailers operating within their territories and they will have the duty to notify its details by means of this central contact point to the other Member States, as well as the European Commission. These considerations established by the Spanish Ministry have not been welcomed by all the incumbents. On its report of 21 st December 2017, the National Commission on Markets and Competition 41 appreciates the draft bill 41 Agreement to issue the report ION/CNMC/042/17, on the Draft Bill on the modification of the Consolidated Text on the General Law for the Protection of Consumers and Users and other Complementary Acts, released by the Competition Division of the National Commission on Markets and Competition, 21 st December 2017.