Collective Commentary about the New Package Travel Directive

500 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE carried out 26 . If, after this cure period, the non-compliance with the provisions persists, administrative 27 and criminal sanctions will apply 28 . According to Article 97, each tour operator established in Bulgaria shall annually conclude a Tour Operator Liability Insurance Contract with an insurer. The trader facilitating linked travel arrangements, established in Bulgaria, shall annually take out insurance covering his liability. The minimum liability limits under the mandatory insurance contracts, concluded in accordance with this Article 97, are stated in annex 9 to the law and increase per insurance event and aggregate liability from all insurance events during the period of validity of the insurance, in proportion with the declared turnover for the previous financial year. Upon initial entry into the register of tour operators and travel agents, the mandatory insurance shall be enforced and presented to the Minister for Tourism within 7 days from the date the issued registration certificate is notified. The insurance policies may not contain unfair clauses that waive or restrict the rights of travellers 29 , including providing linked travel arrangements to perform its obligations as a result of failure of the tour operator or travel agent. The indemnity under the insurance contracts shall be made available to travellers free of charge to ensure repatriation and, if necessary, the financing of accommodation prior to the repatriation. Finally, we will analyse Portuguese regulation. The new Package Travel Directive was transposed in Portugal by the Decreto-Lei No 17/2018 of 8 March 2018. Portuguese law enforces the Directive through the provision of a wide range of penalties, which go up to €44,000.00, when applicable to large corporations (article 46). On the other hand, according to article 48, when justified by the seriousness of the infringement, other accompanying penalties may be applied: a) Ban from pursuing the profession or activities directly related to the infringement; b) Suspension of pursuit of activity and closure of the establishments, for a maximum period of two years. Article 45 allows the administration to order the temporary suspension of the pursuit of activity and the temporary closure of an establishment in the cases of 26 In a clear example of conciliatory type of enforcement. 27 Which may include forced closure or interdiction of the activity. 28 With fines. 29 In a clear manifestation of the imperative nature of the Directive, article 23.