Tourism Law in Europe

13 This specific regulation of the Tourism Code has facilitated the integration with the Directive EU / 2015 / 2302, whose implementation has been more linear. Thus, following the amendment of the Code by Legislative Decree No 62 of 2018, already from the pre- contractual stage, the tourist must be given the information form with the description of the essential characteristics of the trip, according to Article 34, and part of them must be included in the contract, according to Article 35. The provision of such a detailed contractual content makes it easier for the traveller to demonstrate that the service is allegedly not what was promised; in fact, the traveller’s rights emerge as soon as the contract is entered into. If, on the one hand, the Directive EU / 2015 / 2302 has found its most complete realisation in the Code, on the other hand, it has helped to find a point of balance only between the needs of the tourist and the interests of large international operators, in particular tour organisers 43 ; in fact, the European legislator has relegated the regulation of the intermediary liability within national borders. Through digital platforms 44 , tour operators can sell their services directly, without the help of third parties; therefore, the latter would mainly carry out their activity locally. This may explain the choice of the directive, which considers the package market as EU-wide and does not attach the same importance to the intermediation market. The accuracy of this economic assessment can be debated, especially in the world of telematic agreements. In particular, intermediaries seem to mean well-established companies operating in limited areas, with a local clientele and traditional sales structures. If not today, then at least in the future, not only tour operators but also parties who, without designing package tours, offer them to a European public using the most modern technology, may become involved in IT commerce 45 . Not only the travel organisation 43 See recital 6 of EU Directive 2015 / 1302. 44 See Zampone, Riflessioni sulla direttiva (Ue) 2015 / 1302 relativa ai pacchetti turistici e ai servizi turistici collegati, in Dir. trasp., 2018, 2 et seq .; Masseno, On the relevance of big data for the information of contracts regarding package tours or linked travel arrangements, according to the new package travel directive, in A A . VV., The new package travel directive, Lisbona, 2017, 275 et seq . 45 See Bech Serrat, Selling tourism services at a distance: an analysis of the Eu consumer acquis , Berlino - Heidelberg, 2012, 23 et seq ; E. Gómez Calle, En torno a una posible revisión del régimen del viaje combinado , in Cámara Lapuente (dir.) y Arroyo Amayuelas (coord.), La revisión de las normas europeas y nacionales de protección de los consumidores , Madrid, 2012, 385 et seq ; A. Paniza Fullana, Nuevas fórmulas de comercialización on line de servicios turísticos: subsunción en los tipos legales y distribución de responsabilidad , Granada, 2013, 56 et seq ; M. C. Berenguer Albaladejo, Nuevos horizontes en materia de viajes combinados , in Revista de derecho privado , 5 / 2014, 35 et seq ; J. D. Camargo Gómez, Contratación