RETHINKING THE LIABILITY OF PACKAGE TOUR OPERATORS IN SPAIN 1 Inmaculada González Cabrera 2 Professor of Commercial Law University of Las Palmas de Gran Canaria Contents: 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. I. Introduction One of the most controversial and interesting issues in Spain since 1995 has been the liability of the operators involved in the organisation, marketing and sale of a package holiday for the defective execution of the package. The reason for this is the lack of legal certainty that the lack of regulation of this specific issue has created in the doctrine, in the jurisprudence, among intermediaries as well as among consumers, The European legislator has dealt with this issue in an uneven manner in the two directives that have dealt with the subject, i.e. Council Directive 90/314/ EEC of 13 June 1990 on package travel, package holidays and package tours (Package Travel Directive) and Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and This work has been carried out within the framework of the following Research Projects: (i) the one 1 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. Research professor in the Tourism, Territorial Planning and Environment Research Group (TOTMA), 2 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: inmaculada.gonzalezcabrera@ulpgc.es.
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