THE ROLE OF TRAVEL AGENCIES FROM THE SPANISH PERSPECTIVE 299 any other tourist service not intrinsically part of a travel service within the meaning of points aforementioned4. In consequence, a combination of travel services where not more than one type of travel service is combined with one or more tourist services is not a package if the latter services do not account for a significant proportion of the value of the combination and are not advertised as and do not otherwise represent an essential feature of the combination; or are selected and purchased only after the performance of a travel service. The combination of the travel services described above must meet the following alternative conditions. So, “package’ means a combination of at least two different types of travel services for the purpose of the same trip or holiday, if: a) Those services are combined by one trader, including at the request of or in accordance with the selection of the traveller, before a single contract on all services is concluded Such assumption expressly includes the traveler or active consumer, unlike Directive 90/314 which did not expressly include it and which had to be interpreted favorably by the Court of Justice of the European Union5. b) Irrespective of whether separate contracts are concluded with individual travel service providers, those services are purchased from a single point of sale and those services have been selected before the traveller agrees to pay, offered, sold or charged at an inclusive or total price, advertised or sold under the term ‘package’ or under a similar term, combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or purchased from separate traders through linked online booking processes where the traveller's name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service. 4 For an extensive analysis of the concept, vid. V. Franceschelli & C.Torres, “Art. 3. Definitions”, in Collective Commentary about the New Package Travel Directive, 2020, pp. 105 et seq, available in http://intranet.eshte.pt/collectivecommentary/104/. 5 Court of Justice of the European Union, 30 April 2002, as. C 400/00, Club-Tour. Rec. 01 p. I 4051, paragraph 13: “(...) includes trips organized by a travel agency at the request and at the initiative of the consumer or restricted group of consumers and as requested by them”.
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