linked travel services (Package Travel Directive and Package Tour Operator Directive); but, in my opinion, in the end it is not dealt with in a solvent way by allowing States to opt for a different liability regime. This also means, as we shall see, that in its internal transposition in our country, the issue has been dealt with in a variable or changing manner over time, which could distort the protection of the traveller. It is true that the European Union has been working for decades to improve the protection of passengers because of the imbalance between the professional and the consumer with regard to the terms of the contract, which is usually a mass contract to which the user subscribes with little or no negotiation. This imbalance has been the basis, for years, for a whole series of rules designed to provide better protection for the consumer, and to adapt the organisation of package travel itself, as one of the most important mass contracts that the user enters into when choosing a leisure or holiday trip. The subject of this paper is exclusively related to the evolution of the Spanish legal regime regarding the liability of package tour operators towards the consumer (nowadays the traveller), in order to determine how operators react and whether the steps taken by the Spanish legislator benefit the consumer or not. II. The organisation of liability for the performance of the package in the EU Directives In the European Union, two directives have dealt specifically with this issue. The first, Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (DVC), which sought to harmonise the regulation of this contract within the territory of the Union; and Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel, package holidays and package tours (DVC&SVV), which was adopted to remedy the failure of the previous Directive, which did not achieve the desired harmonisation, and to adapt the organisation of package travel to social reality, the development of the
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