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

provided by the organiser or by other suppliers. In fact, the most striking feature of the DVCC&SVV in this area is that it clearly states that at least one operator, in its capacity as organiser, will be liable for the proper execution of the package and may thus relieve the retailer of this liability. It should be 6 noted, however, that the retailer is not exempt from all liability. The retailer assumes important obligations regarding the information and documentation of the holiday and is therefore jointly liable with the organiser for the provision of pre-contractual information or for errors that occur during the booking process, unless these are caused by the consumer or by exceptional and unavoidable circumstances . 7 All in all, it seems that the DVC&SVV, in addition to attempting to reconcile optimal consumer protection along the lines of other pro-consumer directives, also seeks to balance the interests of entrepreneurs by ensuring a system that also favours operators and, ultimately, the market, by attempting to ensure greater similarity between state regulations and by seeking to improve the internal market within the European Union . 8 III. The evolution of the liability of package tour operators in Spanish law Given the changes brought about by the aforementioned Directives and the time that has elapsed between them, we must ask ourselves how this liability has evolved in Spain. By way of a brief summary, which I will elaborate on later, it should be noted that the CRD was transposed into national law by means of Law 21/1995, of 6 July, regulating package travel (LVC), which includes the liability of operators (in this case travel agencies) in Article 11. Subsequently, in 2007, in view of the fragmentation of consumer protection legislation in Spain, the Spanish legislator, through the fifth final provision of Law 44/2006, of 29 December, on the Improvement of the Protection of Consumers and Users, authorised the Government to merge various laws, including the LVC of 1995, into a single legal text, This has been repealed and package travel is now regulated in Book Four of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws In the opinion of part of the doctrine, this diminishes consumer protection. Vid. Berenguer Albaladejo, 6 2016, p. 47. Paniza Fullana, 2014, p. 5. 7 Zubiri De Salinas, 2020 a, p. 30. 8

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