300 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY Thus, the “package travel contract” includes the different travel services that are combined either at the request of the traveler or according to the selection made by the traveler, and regardless of whether the reservation is made through a trader who attends to their clients in person or online. At the same time, the Directive (EU) 2015/2302 defines “package travel contract” as a contract on the package as a whole or, if the package is provided under separate contracts, all contracts covering travel services included in the package [Art. 3(3)]. From the outset, the health crisis has sparked a great debate about the rights of consumers purchasing a package travel contract and the possible refund of the amount paid. At the same time, it was questioned what was the role of the travel agencies with which the traveler had contracted. The Spanish press recorded the serious crisis that Spanish travel agencies were going through from the outset, with headlines such as: “Coronavirus: The Combined Travel Directive strangles agencies” 6. The Business Federation of Territorial Associations of Spanish Travel Agencies (FETAVE – Federación Empresarial de Asociaciones Territoriales de Agencias de Viajes Españolas) requested the Spanish Government to put European regulations on standby by means of a Royal Decree. What is the legal basis for this news? Article 12 Directive (UE) 2015/2302 regulates the termination of the package travel contract and the right of withdrawal before the start of the package. III. TERMINATION OF THE PACKAGE TRAVEL CONTRACT (ART. 12 DIRECTIVE 2015/2302) The right of withdrawal is contemplated not only for the traveller but also for the organiser. Thus, on the one hand, the traveller can terminate the package travel contract at any time before the start of the package, under the conditions described in article 12 Directive (EU) 2015/23027. 6 The news could be consulted at https://www.hosteltur.com/135529_coronavirus-la-directiva-de-viajescombinados-estrangula-a-las-agencias.html, published on March 25, 2020. 7 Vid, in extenso, Francesco Torchia, “Termination of the package Travel contract and the right of withdrawal before the start of the package” in Collective Commentary about the New Package Travel Directive, 2020, pp. 281 et seq., available in http://intranet.eshte.pt/collectivecommentary/281/. Vid, S. Feliu Álvarez de Sotomayor, Viajes combinados y servicios de viajes vinculados (Directiva (UE) 2015/2302. Cuestiones de ley aplicable, Madrid, 2018, pp. 92 et seq.
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