perplexed, because the supplementary service could have a lower value than accommodation or transport, but be the determining reason for the overall transaction; think of the guided tour for which a lower price is charged than for accommodation (M. Brignardello 2023, 36 ff.) and, in such a case, the tourist could not avail himself of the protection provided by Directive 2015 / 2302 / EU, since the combination would not result in a package. Moreover, for the same consideration, it could lead to the supplementary service provided by the hotelier exceeding the twenty - five per cent threshold if the accommodation is granted for a small consideration, because, for example, it is in the low season. This would subject the hotelier to the stricter liability regime of the travel organiser, while businesses granting accommodation for a higher fee would escape the application of Directive 2015 / 2302 / EU. III. THE PROPOSED AMENDMENT OF THE RULES ON THE PAYMENT OF A PART OF THE CONSIDERATION BY WAY OF ADVANCE PAYMENT Article 5 of Directive 2015 / 2302 / EU relates to the definition of the information obligation incumbent on the organiser and travel intermediary. The provision contains an articulated list of information to be provided prior to the conclusion of the contract and the rule is justified because the package is a set of services (E. Faletti 2008, 97 ff.; P. Venditti 2018, 29 ff.) and only with a detailed description can the tourist become aware of the offer and, if appropriate, compare it with others. The epidemic situation has highlighted some limitations of the regulation. In particular, the Proposal for a Directive of the European Parliament and of the Council, amending Directive 2015 / 2302 / EU, has focused on Article 5(1)(d), whereby the manner of payment, including the possible percentage amount of the consideration to be paid on account and the timetable for the payment of the balance and for the presentation of the necessary financial guarantees must be communicated19 . The practice of requesting advance payments exposed many companies to the risk of insolvency due to the difficulty of repaying significant amounts after the termination of the relationship. The Commission proposed that Article 5(1) 19 According to Art. 5(1)(d) of Directive 2015 / 2302 / EU, “the arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller” must be communicated. 8 CHIARA TINCANI
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