IJTTHL1/2025

More generally, the experience of the epidemic has highlighted some of the limitations of Directive 2015 / 2302 / EU. Many Countries called for more clarity on the notion of “unavoidable and extraordinary circumstances”2 and for a regulation of the offer of vouchers as an alternative solution to the return of the consideration, in case of termination of the relationship. At the same time, some States have emphasised the need to strengthen the guarantees for advance payments made by travellers, in view of the difficulties they have had in recovering these sums, due to the financial crises of the organisers, often, in turn, caused by their failure to return sums paid by them to the service providers, in particular the airlines. In fact, after having demanded full compensation in advance, these companies were unable to meet the tour operators’ requests for reimbursement, generating a crisis that was fatal for many travel agencies. Therefore, the Commission has proposed a revision of Directive 2015 / 2302 / EU, so that relations between companies are also regulated, with the possible obligation for service providers to return the fees received within a shorter period than the fourteen days imposed on them by Article 11 of Directive 2015 / 2302 / EU. II. THE PROPOSED MODIFICATION OF THE NOTION OF TOURIST PACKAGE The Proposal for a Directive of the European Parliament and of the Council, amending Directive 2015 / 2302 / EU, attempts to resolve doubts that have arisen on provisions that are considered unclear, such as the definition of a package, which covers so - called click - through packages or related services, of which it gives an overly articulated description. The aim is simplification, with clearer rules that can be easier to apply. Directive 2015 / 2302 / EU has broadened the notion of package, since, with the use of telematic means, the ways in which travellers select or combine the requested services have increased (I. Gonzalez Cabrera 2020, 135 ff.). For Article 3(2)(a)3 of Directive 2015 / 2302 / EU, there is a package when at least two services are offered by a single 2 Cf. Article 12(2) of Directive 2015 / 2302 / EU, according to which “the traveller shall have the right to terminate the contract (...) before the beginning of the package without paying termination costs in the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and having a substantial effect on the performance of the package or the carriage of passengers to the destination”. 3 According to Article 3(2)(a) of Directive 2015 / 2302 / EU, “’package’ means a combination of at least two different types of travel services for the purpose of the same trip or holiday, if: (a) those services are combined by one trader, including at the request of or in accordance with the selection of the traveller, before a single contract on all services is concluded”. 3 A PROPOSAL FOR A DIRECTIVE FOR MORE EFFECTIVE PROTECTION OF TOURISTS

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