Tourism Law in Europe

various touristic contexts, with, thereafter, a short consideration of the anticipated effects of Brexit and of the COVID-19 pandemic. 2. Package Tourism: The Package Travel and Linked Package Arrangements Regulations 2018 Shortly before the UK exited the EU, it implemented Directive (EU) 2015/2302 (the Package Travel Directive) by way of the Package Travel and Linked Package Arrangements Regulations 2018 (Statutory Instrument 634/2018). As the government had foreshadowed in consultation, the Regulations mirror the language of the Directive, but, where the new Directive offered implementational options, the domestic legislation opts for minimal harmonisation, and for a business-friendly rather than consumer-protective approach. The Regulations came into force on 1 st July 2018 (cf Regulation 1(2)), and will apply to holidays booked after that date (Reg.3(1)); holidays booked prior to then, but taking place after 1 st July 2018 continue to be governed by the Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 3288/1992), which implemented the previous Package Travel Directive, Directive (EU) 1990/314 (Reg.37). As well as setting out various obligations relating to the provision of information, rights in the event of cancellation or variation of the holiday contract, insolvency protection and so forth, all of which will be familiar to readers, the Regulations mirror the Directive’s provision relating to responsibility for the proper performance of package contracts: “ 15 (1) The other party to the contract is liable to the consumer for the proper performance of the obligations under the contract, irrespective of whether such obligations are to be performed by that other party or by other suppliers of services but this shall not affect any remedy or right of action which that other party may have against those other suppliers of services. (2) The other party to the contract is liable to the consumer for any damage caused to him by the failure to perform the contract or the improper performance of the contract unless the failure or the improper performance is due neither to any fault of that other party nor to that of another supplier of services, because—