Sustainable Tourism Law

790 SUSTAINABLE TOURISM LAW delimitation, imputation and passive legitimization, included or not to the airport service. Specifically, if in addition to advising and proposing the airline, time, route and stops, etc. of the trip, form or not part of the obligations of the businessman organizing the trip, as a specialist in tourism, the duty must consider and inform the consumer about the airport service that will be found during the trip. V.1. The duty of information. The European case A very interesting legal framework to analyze this variant is that established in the European Union by Directive (EU) 2015/2302 of the European Parliament and of the Council of November 25, 2015 with respect to travel packages offered for sale or sold by businessmen to travelers or to travel services. A first certainty is that the community norm includes within the travel service the transport of passengers 34 . The consumer defense mechanism that establishes the European standard, is based on the right that the traveler must receive all the information from his tour operator, and the duty of information that the operator owes to the consumer regarding the trip that he was entrusted to organize 35 . As the air transport is part of the travel contract, the information related to the air transport contract is very important. “Key information, for example, on themain characteristics of travel services or prices, provided in the advertisements, on the organizer’s website or in brochures as part of pre-contractual information, must be binding ...” 36 . The rule in analysis, describes the Pre-contractual Information that must be provided to the traveler. With respect to the air transport contract in Chapter II, Obligations of Information and Subject Matter of the Combination Travel Contract (article 5), within the Pre-contractual Information to be provided to the traveler, includes: 34 Article 3. Definitions. For the purposes of this Directive, the following definitions shall apply: 1) “travel service”: a) transport of passengers. 35 “The traveler must receive all the necessary information before hiring a package trip, whether it is sold through a means of remote communication, at a counter or through other distribution channels. When providing this information, the employer must take into account the specific needs of travelers who are particularly vulnerable due to their age or physical illness that can reasonably be foreseen “DIRECTIVE (EU) 2015/2302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of November 25, 2015. Recital (25). 36 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015. Recital (26).