degree of harmonisation. Therefore, appeals to national governments to correct divergent or omitted guidelines will be ineffective, since transposition resembles a copy-and-paste process. The thirty-three recitals explain the modification of several articles. It is a simple revision of the existing framework, incorporating into the legislative text the recent decisions of the Court of Justice of the European Union (CJEU), as well as lessons learned from the pandemic and the bankruptcy of Thomas Cook. Far from a legislative reform or a new framework, the existing framework is being refined. II. THE ELIMINATION OF THE TYPOLOGY OF LINKED TRAVEL ARRANGEMENTS AND THE CONCOMITANT CREATION OF A NON-TYPOLOGY FOR (IN)DETERMINED SITUATIONS THAT DO NOT RESULT IN THE CREATION OF A PACKAGE A major change is the announced elimination of linked travel arrangements, an innovation from 2015 that created a dual typology, which, according to the legislator, has induced greater complexity and legal uncertainty in distinguishing between packages and connected travel services, as well as between the latter and autonomous travel services (recital 5). Since there was no evidence of tangible benefits for travellers, the elimination of the typology and its facilitator2 was inevitable, leading to a significant number of changes, starting with Article 1 and extending to several provisions. Let us hope that identical complexity and, above all, legal uncertainty do not arise from two significant additions incorporated into Articles 1 and 2, namely: • certain aspects of contracts between organisers of packages and travel service providers3, i.e., B2B relationships; and • specific information requirements applicable to certain situations not leading to the creation of a package, e.g. contractual situations that consumers may be led to believe are package, but which do not enjoy their guarantees, particularly protection in case of insolvency, therefore requiring a corresponding warning so that the consumer correctly forms their intention to contract. 2 1 Article 3 (7) “trader facilitating a linked travel arrangement”. 3 Hotels, airlines, restaurants, tour guides. 13 THE REVISION OF THE NEW PACKAGE TRAVEL DIRECTIVE
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