Rethinking the liability of package tour operators in Spain by Inmaculada G. Cabrera PRE-PRINT of International Journal of Tourism, Travel and Hospitality Law

be interpreted as allowing a right of recourse between the organiser and the retailer and a right of extra-contractual action against third parties. It is clear that the operators who must provide the various services included in the contract, such as carriers, hosts, etc., are not third parties in relation to the organiser who contracts with them, even if one of those operators, as organiser, also provides some of the services and offers the others under the umbrella of the package in some of the various ways that the concept of such a package is now recognised. The organiser will have to take action against them within the framework of his own contract (charter, contingent, etc.), but may also take action against a third party outside his sphere who has contributed to the defective performance or breach of contract. On the other hand, the retailer may bring an action in tort against any party other than the organiser (articles 1902 et seq. of the Civil Code). In addition to transposing the VCD and the VSTSVV by including the organiser as the party liable for the package, as provided for in Art. 13. 1 of this regulation, it also includes the liability of the retailer, thus, as I have argued, following the position it has held since 2007, when, beyond its competence, it substantially modified the liability of package tour operators, thereby achieving greater uniformity in doctrine and jurisprudence and contributing to the improvement of legal certainty for consumers and tour operators. However, following the example of the DVC&SVV, which allows Member States to extend liability to retailers, it also specifies what retailers are liable for, thus making it easier to determine the scope of each retailer's management. To this end, the regulation reflects, by way of example, the retailer's liability for errors in the booking (Art. 152 TRLGDCU), precontractual information (Art. 153 TRLGDCU), the conclusion of the contract and the documents to be provided to the traveller (Art. 155 TRLGDCU), the duty of assistance (Art. 163 TRLGDCU) and the guarantee against insolvency (Art. 164 TRLGDCU). VII. The inconsistency in the regulator's position with the change made to article 161.1 of the TRLGDCU in 2022 The situation regarding the liability of operators in the organisation, marketing and execution of package travel is finally clear, but the reform of Article 161.1 of the TRLGDCU by Law 4/2022 of 25 February on the protection of consumers and users in situations of social and economic vulnerability is paradoxical. The reform of Article 161.1 of the TRLGDCU

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