El tratamiento legal del contrato de viaje combinado en el Derecho internacional privado

Abstract

The traditional package travel contract is currently facing the emergence of new forms of engagement, particularly those offered through online tourism service providers, such as forfeit travel, packages tour or new forms of accommodation and transport, as dynamic packages, which require stake out a review of the premise of legislative rules governing it. This study examines the interaction between different European regulations governing the package travel contract, both from the perspective of international jurisdiction and the applicable law, with particular attention to the treatment of exception to the exception provided for in Brussels I Regulation and Rome I Regulation; and the relationship between Rome I Regulation and the Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours and their transposition into Spanish law. All this gives a complex result, outdated and difficult to predict both the tourist and the tourist service provider, which ends up affecting the detriment of consumers.