professional, even at the request of the consumer, before a contract is concluded. This first hypothesis includes both traditional pre - packaged tours, for which the traveller has no active selection role, and so - called tailor - made packages, in which the holiday is constructed together with the tourist, who can choose the services or opt for some of those proposed. Directive 2015 / 2302 / EU took over the notion of package holidays from the previous Directive 1990 / 314 / EEC and regulated the hypothesis of the tailor - made one, not contemplated by the former, although, even then, it was a widespread hypothesis. The novelties of Directive 2015 / 2302 / EU are concentrated in Article 3(2) (b)4, which describes five ways in which services can be composed, regardless of whether separate contracts have been concluded with suppliers and whether they are stipulated at a physical location or by the use of telematic means (S. Mason - M. Gatenby 2016, 7 ff.). The first hypothesis requires the services to be selected at a single point of sale, at a time before the traveller consents to the payment, pursuant to Article 3(2)(b)(i)5. The Proposal for a Directive of the European Parliament and of the Council, amending Directive 2015 / 2302 / EU, did not suggest any change, although perhaps it would have been appropriate to shift the time limit within which the tourist must select the services from the moment when he expresses his willingness to make payment to the moment when he does so. Indeed, it is not always easy to prove at what stage of the negotiation the traveller decides to pay (M. Brignardello 2023, 42 ff.). At the same time, the Proposal for a Directive of the European Parliament and of the Council, amending Directive 2015 / 2302 / EU, intends to broaden this case and, pursuant to Article 3(2)(b)(i)6, a tourist package also exists if, at a single point of sale, some services are booked within three hours of acceptance, 4 For Art. 3(2)(b) of Directive 2015 / 2302 / EU, “irrespective of whether separate contracts are concluded with individual travel service providers, those services are (i) purchased from a single point of sale and those services have been selected before the traveller agrees to pay, (ii) offered, sold or charged at an inclusive or total price, (iii) advertised or sold under the term ‘package’ or under a similar term, (iv) combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or (v) purchased from separate traders through linked online booking processes where the traveller’s name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service”. 5 According to Art. 3(2)(b) of Directive 2015 / 2302 / EU, “those services are: (i) purchased from a single point of sale and those services have been selected before the traveller agrees to pay”. 6 For Article 3(2)(b)(i) of the Proposal, “irrespective of whether separate contracts are concluded with individual travel service providers: (i) those services are purchased from a single point of sale and - have been selected before the traveller agrees to pay, or - other types of travel services are booked within three hours after the traveller agreed to pay for the first travel service, or - other types of travel services are booked within 24 hours after the traveller agreed to pay for the first travel service and if, before the traveller agreed to pay for the first travel service, the trader invited the traveller to subsequently book one or more additional types of travel services”. 4 CHIARA TINCANI
RkJQdWJsaXNoZXIy MTE4NzM5Nw==