consumers and users in situations of social and economic vulnerability, which was approved by the committee with full legislative powers? . 22 It is difficult to give an answer without fear of error, but it seems plausible that this could be one of the reasons, since the amendment to article 161.1, as well as others related to package travel, appear in the text of the aforementioned bill , without its explanatory memorandum, nor that of the 23 finally approved bill, justifying this amendment. Moreover, some of these specific changes in Book IV of the TRLGDCU can be understood in terms of the coherence to which the text as a whole must respond. In particular, the strengthening of prior information and the specific defence of vulnerable consumers are in line with this, but they do not explain the significant and, one could say, even radical change made to article 161.1 of the TRLGDCU, which, by avoiding the joint and several liability of both operators vis-à-vis the consumer, seems to contradict this specific protection of the traveller. Certainly, the changes proposed in the bill, which have been definitively incorporated into Law 4/2022 of 25 February on the Protection of Consumers and Users in Situations of Social and Economic Vulnerability, concerning the regulation of package travel, and which have been incorporated into the TRLGDCU, are the following: Article 150(2)(b) is amended by adding the words "without repetition in the same year" to emphasise the occasional or non-habitual nature of the activity and to replace the previous wording, which alludes to the fact that these trips are aimed at a limited group of travellers, that they are restricted to members of the organisation that organises them and that they are not promoted using advertising media, since these elements are more typical of a commercial activity. The text thus reads as follows "Package travel and related travel services offered on an occasional basis, without repetition in the same year and not for profit, provided that they are aimed solely at the members of the entity that organises them and not at the general public and that no advertising media are used for their promotion and that they are not generally known" . Article 151.1(k) refers to the concept of non-conformity, which is 24 not different from that provided for in the 2018 reform, in which this Published in the Official Gazette of the Spanish Parliament on 30 December 2021. 22 Page 8: "Finally, a new paragraph is added to Article 72, Article 80(b), Article 99(1), Article 127(2), Article 23 150(2), Article 151(1)(k), Article 153(3), Article 160(3), first subparagraph, and Article 161(1) are amended". Underlining is my own. 24
RkJQdWJsaXNoZXIy MTE4NzM5Nw==