regulation is a response to the socio-economic situation generated in the sector . 32 VIII. Final considerations The final question that our work must answer is: has the Spanish regulator put an end to the joint and several liability between organiser and retailer, which became diametrically clear with the incorporation of the LVC into the TRLGDCU in 2007? The answer is no, as the same continues, albeit limited or restricted to both failing to pass on the customer's complaint or claim to the party actually responsible. This failure to comply with an express obligation ex lege has the adverse effect of aggravating their situation, making them jointly and severally liable with the other party for both the lack of conformity and the breach of contract, regardless of who is responsible for these breaches according to the scope of their management of the specific trip. The next question to be asked, which I have already asked and answered in the previous section, is obvious: why such a radical change at the cost of legal certainty in transport by establishing the joint and several liability of both operators? I have just said that, in my opinion, it can only be explained by the consequences that COVID-19 has had on the tourism sector and, in particular, by the serious damage that has been caused to retail agencies, which have had to return the sums paid by passengers for package holidays that have been suspended and, subsequently, to negotiate with them the issue of guaranteed vouchers in order to avoid having to advance the sums, which has had a serious impact on their accounts. I also pointed out that the reform of Article 161. 1 of the TRLGDCU was not included in the original bill published in the Official Gazette of the Spanish Parliament on 12 February 2021, nor in the text of the amendments to the bill of 2 November 2021. In addition, no justification for this amendment can be found in the MS. Just as other reforms introduced by Law 4/2022 in the field of package travel (e.g. as regards the language in which the contract is formalised) clearly reflect an improvement in consumer protection, the same is not the case with the Vid. González Cabrera, 2020. The serious problems generated for the sector are also highlighted in GAUR 32 L. et al, 2021, pp. 4079 et seq.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==