V. THE PROPOSAL TO AMEND THE RULES FOR THE PROTECTION OF TOURISTS IN THE EVENT OF INSOLVENCY OF THE ORGANISERS AND THE PROPOSAL TO REGULATE RELATIONS BETWEEN COMPANIES The Proposal for a Directive of the European Parliament and of the Council, amending Directive 2015 / 2302 / EU, suggests a reinforcement of the protection of the tourist in the event of insolvency of the organiser, intervenes on Article 17 of Directive 2025 / 2302 / EU and, while maintaining its structure, introduces detailed provisions. Thus, Member States should provide that, in the event of their insolvency, operators established on the territory of an European Union Country provide a guarantee for the reimbursement of payments made by tourists, with the clarification that it should also operate when the traveller accepts a voucher at a time prior to the state of insolvency. In the case of a voucher, the guarantee is limited to the amount of the payments made. Then, if transport is included in the package, the organiser must ensure repatriation and, if he is not established in a Member State, but offers a package in one, he must comply with the requirements of that Country. According to Article 17(2) of the Proposal, guarantees should cover the amount of payments made, the estimated cost of returns, refunds and vouchers. The coverage should take into account the periods in which the organisers hold the highest amounts and any changes in the number of contracts concluded. In general, travellers should enjoy protection in the event of insolvency, regardless of their place of residence, their place of departure, the place where the contract is concluded or the State where the organiser is established. The Proposal confirms Article 17(4), whereby, “when the performance of the package is affected by the organiser’s insolvency, security shall be available free of charge to ensure repatriations and, if necessary, the financing of accommodation prior to the repatriation”. At the same time, the Proposal recalls Article 17(5), which states that, “for travel services that have not been performed, refunds shall be provided without undue delay after the traveller’s request”, but specifies that refunds due to the organiser’s insolvency should be made within three months “after the traveller has submitted the documents needed to examine the request”. Finally, the Proposal wants a new subparagraph, according to which States may require similar guarantees from intermediaries if the volume of their business is such as to justify this measure. Then, by Article 19 of the Proposal, Article 17 applies to professionals facilitating the execution of related services. 12 CHIARA TINCANI
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