The matter of civil liability is expressly dealt with further below: “Article 3 defines the liability regime. Article L. 211-16 of the Tourism Code maintains, as permitted by the directive, joint liability between the travel agency and the tour operator. Furthermore, since the directive does not define the liability regime, which is linked to the general provisions of contract law established at the national level, the choice was made to retain the “responsibility de plein droit” regime already in force, as provided for by the law of July 13, 1992, which transposed Directive 90/314/EEC of June 13, 1990. Regarding linked travel arrangements, each professional is responsible for the travel service they have sold. A duty of assistance from the professional towards the traveller is also introduced in Article L. 211-17-1 of the same code.”. Different attitudes towards EU directives arise from the distinct legal mindsets of each national system. The influence of civil code prominence varies, with some countries showcasing their codes as models for Europe. For example, French legal doctrine emphasises that national legislation on consumer protection often predates European legislation and even inspires it; this is especially true in the case of tourism law, with the first Code of Tourism in the world and prominent legal doctrine, such as Pierre Py. As a result, the French legislator aims to preserve its legal terminology and concepts for both technical and political reasons, which are closely interconnected. VII. INITIAL CONSIDERATIONS ON THE LIABILITY OF TRAVEL AGENTS In 1967, in his reference book on travel agencies in French law 8, Pierre Couvrat critically examines the issue of contractual liability of agencies beyond their actions: “We believe we have identified a trend in case law that has developed intending to compensate victims. A simple presumption of fault has replaced an evolution in the concept of fault. This trend seems to be continuing, likely due to the difficulty of justifying the presumption. Today, a few decisions state that travel agencies are liable beyond their personal actions. Since the agency has signed an agreement with the tourist, this liability can only be contractual. These decisions are not entirely clear. They do not distinguish between two markedly different package travel contract, unless national law provides that both the organiser and the retailer are liable.”. 8 Les Agences de Voyages en Droit Français, Paris, Librairie Generale de Droit et de Jurisprudence, 1967, p. 157. 199 AN UNDETERMINED FALL AT THE AIRPORT
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