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

amendment was incorporated. Article 153.3, for its part, improves the text on how the information must be provided to the user, so that, in addition to providing this information in Spanish, in a clear and comprehensible manner, and if it is also in writing, the text must be legible. It also introduces the possibility of providing it in another official language of the place where the contract is concluded, at the request of the parties, and therefore reads as follows "The information referred to in paragraphs 1 and 2 shall be provided to the traveller at least in Spanish and, if necessary, at the request of either party, in any other official language of the place where the contract is concluded, in a clear, comprehensible and conspicuous form and, if provided in writing, in a legible form. The above reforms reflect an improvement in consumer protection, but it does not appear that the amendment of Art. 161. 1 of the TRLGDCU, when it omits that the organiser and the retailer are jointly and severally liable to the traveller for the proper performance of the travel services, and also specifies that both are liable for the proper performance of the travel services included in the contract, in accordance with the obligations which they have by virtue of their management of the package, irrespective of whether these services are to be provided by themselves or by other service providers, the latter aspect being the exclusive responsibility of the organiser, since the liability is limited to the extent of its own management and the performance of the travel exceeds that of the retailer. However, the provision itself continues, in its second section, to state that the traveller may address his claims, in an ambiguous manner, to the organiser or the retailer, who are obliged to inform the traveller of the liability regime in force, to deal with the claim directly if it falls within the scope of their management, or to pass it on to the party responsible if it does not, and to inform the traveller of the progress of the claim. Only the lack of handling of this complaint by the organiser, who receives it directly from the consumer, makes him jointly and severally liable with his coresponsible party in the contract (organiser or retailer), this liability being extinguished if he handles the complaint properly and keeps the traveller informed . 25 However, it is impossible to overlook the fact that this radical change in the responsibilities of tour operators towards the consumer has been incorporated into a specific consumer protection regulation: Law 4/2022 of Article 161.1 of the TRLGDCU: "(...) In these cases, the retailer or organiser shall bear the burden of 25 proof that he has acted diligently in handling the complaint and, in any case, that he has initiated the handling of the complaint immediately upon receipt. (...).

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