International Journal of Tourism, Travel and Hospitality Law 2023

Rethinking the liability of package tour operators in Spain1 Inmaculada González Cabrera2 I. Introduction. II. The regulation of liability for the execution of the package in the European Union Directives. III. The evolution of the liability of package tour operators in the Spanish legislation. IV. The discrepancy in the interpretation of article 11 of the LVC. V. The unjustifiable change promoted through article 162 in 2007. VI. The coherence of article 161.1 of the TRLGDCU, after its reform in 2018. VII. The inconsistency in the regulator’s position with the change made to article 161.1 of the TRLGDCU in 2022. VIII. Final considerations. In the regulation of package travel, which have been subject to various modifications, one of the issues that has generated and continues to generate the most controversy, both in doctrine and in case law, is the liability of the operators (organising and retail agencies) for the deficient execution or non-fulfilment of the contract. Precisely given the regulatory changes, some of which are required by EU Directives, this paper aims to examine the evolution of the Spanish legal system in this controversial area, which in our opinion, has recently been revived by Law 4/2022, of 25 February, on the protection of consumers and users in situations of social and economic vulnerability. Hence, we question whether or not, by under of the latter Law, we are facing the end of the joint and several liabilities of the operators. 1 Doi xxxx -yyyy This work has been carried out within the framework of the following Research Projects: (i) the one awarded by the University of Cordoba within the framework of the R&D&I Projects of the Andalusia ERDF Operational Programme, file number 1263550, “El régimen jurídico del turismo colaborativo en Andalucía. A propósito de la (des)regulación española, portuguesa y latinoamericana”, whose PIs are professors Humberto Gosálbez Pequeño and Manuel Rebollo Ruig; and (ii) the co-funded by the Consejería de Economía, Industria, Comercio y Conocimiento and Programa Operativo FEDER Canarias 2014-2020, ProID2020010045, under the title “De la economía colaborativa al turismo sostenible: Nuevos retos del turismo canario”, whose PI is Inmaculada González Cabrera. 2 Professor of Commercial Law – University of Las Palmas de Gran Canaria. Research professor in the Tourism, Territorial Planning and Environment Research Group (TOTMA), which is part of the ECOAQUA University Institute of the University of Las Palmas de Gran Canaria. This double affiliation is indicated in compliance with the regulations of the University of Las Palmas de Gran Canaria. Orcid Code: 0000-0003-3049-8690. Contact: