Preliminary questions on package travel: pre-contractual information on the right to resolve the contract in case of extraordinary and inevitable circumstances and principle of consistency

Abstract

Preliminary ruling submitted to the CJEU on two issues relating to the combined travel scheme: firstly, if it is contrary to European Union Law that neither the Directive nor the Spanish Travel Law includes, among the mandatory pre-contractual information for the traveler, the right to terminate the contract before it begins, obtaining a full refund of what was paid, when there are unavoidable and extraordinary circumstances that significantly affect the performance of the package; secondly, if the limitation imposed by Spanish procedural law is in accordance with European Union Law, which does not allow in any case a judgment to grant the plaintiff more than what he requested in his claim.