Article 12, 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

The aim of this work is to highlight the close connection (also noticed by the EU legislator) between contractual solutions, set up to protect the consumer/ recipient’s interest regarding products and/or tourist services, and those aimed to protect and guarantee the freedom to conduct a business, as well as a proper implementation that is free from unfair practices. It is clear that the unfair commercial practice does not represent exclusively something damaging to the interest of every “loyal” entrepreneur, as it also directly damages the product and/or service client. Especially in the tourism sector, where the user’s interest is predominantly personal and not purely patrimonial. Therefore, from this perspective the tool used by the EU legislator after issuing Directive 2032/2015, which states a framework of solutions for termination and withdrawal from the sale of package travel contracts with stricter standards, also arises completely as a solution to protect the proper implementation of business activities.