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TRAVELER PROTECTION AGAINST DAMAGE SUFFERED DURING A COMBINED TRIP
 
     
     TRAVELER PROTECTION AGAINST DAMAGE SUFFERED DURING A COMBINED TRIP
     LA PROTECCIÓN AL VIAJERO FRENTE A LOS DAÑOS SUFRIDOS DURANTE UN VIAJE COMBINADO


Autor(es):
SÁNCHEZ BARTOLOMÉ, JOSÉ MIGUEL


Periódico: Revista Internacional de Derecho del Turismo

Fonte: REVISTA INTERNACIONAL DE DERECHO DEL TURISMO. RIDETUR; Vol. 2, Núm. 1 (2018); 91-127

Palavras-chave:


Resumo: The current Spanish regulation on combined travel is governed by RD 1/2007, 16 November, although its current content will have to be modified shortly, following the changes introduced by the new Directive of the European Union 2015/2302 / EU. Currently, there is a specific liability regime for damages caused to consumers in the defective execution of the contract, for making changes to the trip, contrary to the agreed content -before or during the itinerary-, or because its cancellation. Therefore, it is necessary the analysis of the criteria to identify the responsible for the defective execution, as well as for the determination of the compensation, in view of the circumstances that may arise. It also includes measures to protect travelers against the insolvency of the trip organizer. But not every time a damage arises there is a responsibility on the part of the organizer or the travel agency. However, they can not refrain from acting. On the contrary, the regulation imposes the obligation to assist the traveler. Lastly, a brief reference is made to linked travel services, defining this figure, differentiated from package travel, but also foresees a series of consumer protection measures that it contracts through this modality.