Collective Commentary about the New Package Travel Directive

824 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE (PTD) 2 , with effect from 1 July 2018 3 . The Legislature renamed the subtitle 4 in “Package Travel Contract, Travel Trader and Linked Travel Arrangements” and extended substantially the previous provisions of the Package Travel Law (§§ 651a-y BGB) 4 . The changes comprise both, changes of the existing rules on package travel and new rules on travel agencies and linked travel arrangements. The new standard information form sheets and the rules on the new central contact points have now been included in the Introductory Act to the Civil Code (“EGBGB”). This is mainly due to the full harmonisation principle of the new PTD in Art. 4. These new regulations serve to protect both private and business travellers alike. All contracts executed since 1 July 2018 are now covered by the new law. 2. Scope a) Legal nature § 651a I 1 BGB obliges the organiser, by the package travel contract, to provide the consumer with a package, while he has to pay the travel price. The contract is therefore aimed at the achievement of the trip’s success, under the organiser’s responsibility, for a fee. It is a contract of its own kind, which is similar to the contract for work. The organiser is responsible for the proper performance of the package with all combinations of travel services. b) Package travel contract (1) Combination of types of travel services . § 651a II 1 BGB defines the package as a combination of at least two different types of travel services for the purpose of the same trip. According to § 651a III 1 BGB, the different categories of travel services include the carriage of passengers (airplane, ship, bus, train), accommodation for non-residential purposes (hotel accommodation, holiday apartment, cabin), the rental of certain motor vehicles, as well as any other tourist service not intrinsically part of a travel service within the meaning of 2 Prof. Dr. Ernst Führich is em. Professor of Privat Law, Business Law, Internationals Private Law, European Law and Travel Law, Author of Reiserecht C.H. Beck München, and expert for the implementation of the Package Travel Directive. Directive (EU) 2015/2302, of 25 November 2015, OJ EU 11.12.2015, L 326, 1. 3 Gesetz zur Änderung reiserechtlicher Vorschriften vom 17.7.2017, BGBl. I 2017, 23394; Explanatory memorandum Bundestag 18/10822 and 18/12600; see Führich, Neue Juristische Wochenschrift NJW 2016, 1204; Scheuer, Reiserecht aktuell RRa 2015, 277; Staudinger, RRa 2015, 281; Staudinger/Ruks, RRa 2018, 2; Tonner, Europäische ZeitschriftWirtschaftsrecht EuZW2016, 95;Tonner, Monatszeitschrift Deutsches Recht MDR 2018, 305. 4 See The New Package Travel Directive, ESHTE / INATEL, 2017, Führich Ernst, The Implementation of the new Package Travel Directive in Germany and its Critical Issues, 101-111.