III. ADJUSTMENTS TO THE CONCEPT OF PACKAGE AND OTHER DEFINITIONS The updated definition of “package” from 2015, compared to 1990, has proven effective, so only adjustments are made in article 3(2). In subparagraph ii), the irrelevance of the traditional expedient of separate invoicing to exclude the figure of the package is added. In either case, the legislator considers this to be a tactic to avoid the legal classification of a package. The definition of the click-through package [subparagraph v)] is refined. When a named service (transport, accommodation or car rental) is combined with an unnamed service provided for in point d) — for example, a spa or golf — the 25% percentage criterion, already mentioned in recital 18, is now expressly set out in subparagraph a). There is no legislative innovation, as the solution already follows from the combination of the preamble and the articles; it is merely a matter of good legislative technique. In addition to the aforementioned refinement of the concept of package (no. 2), the elimination of linked travel arrangements (no. 5) and the respective facilitator (no. 7), in the definition of unavoidable and exceptional circumstances (no. 12), instead of situation, it now refers to objective circumstances. IV. PRE-CONTRACTUAL INFORMATION In the sensitive and central area of pre-contractual information (Article 5), several changes are introduced. In adapting the package for persons with reduced mobility [viii)], the concept encompasses disabilities as well as other causes, whether permanent or temporary, e.g. a knee injury that requires the use of crutches for a certain period. Additionally, with regard to the information requested by the traveller, the organiser must consider the specific needs communicated by the traveller. Travel is normally subject to unforeseen events; therefore, the phone number and email address provided should allow the traveller to contact the organiser – and the retailer4, if any – quickly and effectively, ensuring communication with both [al. b)] With regard to financial aspects, it is now mandatory to include, in the precontractual information, any existing loyalty points, as well as other benefits arising from reward systems already established [point d)]. 4 If there is a retailer involved, the communication to the operator is made through them (Article 15). 14 CARLOS TORRES
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