International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW evolved in Spain. By way of a brief summary, which I will elaborate on later, it should be noted that the CRD was transposed into national law by means of Law 21/1995, of 6 July, regulating package travel (LVC), which includes the liability of operators (in this case travel agencies) in Article 11. Subsequently, in 2007, in view of the fragmentation of consumer protection legislation in Spain, the Spanish legislator, through the fifth final provision of Law 44/2006, of 29 December, on the Improvement of the Protection of Consumers and Users, authorised the Government to merge various laws, including the LVC of 1995, into a single legal text, This has been repealed and package travel is now regulated in Book Four of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (TRLGDCU) and, in particular, in Article 162, the liability regime. In my opinion, and as we shall see, this recasting went beyond the mandate received, since it transformed the liability regime contained in the repealed Article 11 of the LVC. Once the DVC had been replaced by the DVC&SVV, it became necessary to transpose it into domestic law, which was done by Royal Decree Law 23/2018 of 21 December on the transposition of directives on trademarks, rail transport and package travel and related travel services, which to that end reforms the TRLGDCU on package travel, with liability now regulated in Article 161, but maintaining the thesis of its predecessor, Article 162. Finally, Law 4/2022 of 25 February on the Protection of Consumers and Users in Situations of Social and Economic Vulnerability once again modifies the liability regime previously provided for in Article 161 of the TRLGDCU, which leads me to question the reasons for these changes and their justification. IV. THE DISCREPANCY IN THE INTERPRETATION OF ARTICLE 11 OF THE LVC One of the major problems of legal certainty that we have suffered in this country, especially during the period before and after the adoption of the LVC, has been the determination of the division of liability between the agencies that have organised and marketed the package travel vis-à-vis the consumer, as the organisation contained in the LVC has not allowed either the doctrine or the case law to take a unanimous position. The reason for this was the inadequate wording of Article 11 of the now repealed LVC.

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