Tuesday, August 16

Complaints in package travel will no longer be only for travel agencies

Travel wholesalers, most responsible for package tours

The travel agency will no longer be primarily responsible for incidents in the Combined trips. A presentation made at the Congress of Deputies released these days opens the door to the suppression of the so-called joint liability, which will be a bottle of oxygen for travel agencies especially beaten by the pandemic in the last two years. One of the historical requests of the employer’s association mine (Corporate Association of Specialized Travel Agencies) is that these types of companies only have to answer “for their field of management”, something that has finally been supported by parliamentary groups through the presentation of the draft law for the protection of consumers and users against situations of social and economic vulnerability, which has been published by the Bulletin of the Congress of Deputies. The text of the presentation has yet to be debated and voted on in different parliamentary procedures, but, for now, it has received the support of all the groups in the presentation procedure.

Despite its obviously technical nature, the modification of the current legal framework, which is expected in February, will make it possible to lighten the responsibilities of the agencies, whose number has been reduced by 25% in the last two years due to restrictions on mobility. Around 2,500 tourist management offices closed their doors since 2019 and those that survive invoice 50% less than then. “The recovery of the sector is still a long way off, so pre-pandemic levels will not be reached until 2023 or 2024,” says the president of Acave, Martí Sarrate.

For the manager of the employer, Catiana Tur, the new regulatory framework will make it possible to clarify the usual tripartite contracts and for wholesalers to assume their responsibility. In his opinion, “consumers will not lose any rights, the practical effect is that economic responsibilities are delimited since it is easier for wholesalers to solve possible problems arising from the purchase of a package trip.” In practice, 80% of the claims are linked to air problems, and it is the wholesalers who have the greatest capacity to negotiate quick alternatives in both transport and accommodation. The travel agencies will, however, continue to be the main recipients of customer demands, but they will no longer be the main financial responsible. Most problems that occur on package tours are solved quickly during the same trip.

According to the legal reform, backed by all the games, a regime of “responsibility by management scope” will be passed. mine has always argued that it was “totally disproportionate for the retailer to have to respond to the obligations that fall within the organizer’s management scope and that, in turn, the organizer had to respond to the obligations that fall within the organization’s management scope. retailer “. When the new text is formally approved and comes into force, those natural or legal persons who carry out activities included in the field of package tours without having the appropriate guarantees will no longer be allowed and “professional intruders” will be considered. Only occasional non-profit trips will be excluded from all package travel regulations, if there is no repetition in the same year (that is, maximum one per year) and if they are addressed only to the members of the entity that organizes them. and not to the general public and advertising media are not used to promote the trip nor is it a trip of general knowledge.

According to the new legal framework, “the package travel organizers and retailers will respond to the traveler for the correct fulfillment of the travel services included in the contract based on the obligations that correspond to them by their scope of management of the package, regardless that these services must be performed by themselves or by other providers “. Notwithstanding the foregoing, the traveler may address claims for non-compliance or defective compliance with the services that make up the package trip indistinctly before organizers or retailers, who will be obliged to report on the existing liability regime, process the claim directly or by means of referral to whoever corresponds according to the scope of management, as well as to inform the traveler of the evolution of the same even if it is outside their scope of management.

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The retailer or organizer, where appropriate, will be responsible for proving that they have acted diligently in handling the claim and, in any case, that they have started handling it immediately upon receipt. Whoever responds jointly to the traveler for the failure to handle the claim will have the right of repetition against the organizer or the retailer to whom the breach or defective fulfillment of the contract is attributable according to their respective field of management of the combined trip. .

When an organizer or a retailer pays compensation, depending on its scope of management, grants a price reduction or complies with the other obligations imposed by this law, it may request compensation from third parties who have contributed to the occurrence of the event that gave place to compensation, price reduction or fulfillment of other obligations.

Reference-www.elperiodico.com

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