Collective Commentary about the New Package Travel Directive

844 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE • financial security laid down in Article 7 of the Directive is regulated by Sections 8 to 10 of Government Decree 213/1996 of 23 December 1996 on travel organisation and agency activities, • while the objectives of all other articles of the Directive are included in Government Decree 214/1996 of 23 December on package travel contracts [which simultaneously repealed Decree No. 11/1978 (01 March)]. 3) Government Decree 214/1996 of 23 December was repealed, as of 1 January 2009 by Government Decree 281/2008 of 28 December on package travel contracts, and Government Decree 213/1996 of 23 December remained in force after slight amendments. 4) The transposition of Directive (EU) 2015/2302 on package travel and linked travel arrangements (hereinafter referred to as new PTD) into the Hungarian legal order kept the system of regulation of the former two laws. 5) Chapter V of the new PTD regulating financial security was transposed by Government Decree No. 473/2017 (28 December) amending Government Decree 213/1996 of 23December 1996 on travel organisation and agency activities and Government Decree 79/2018 of 20 April into Government Decree 213/1996 of 23 December, amending Sections 8 to 10 of the Decree, and complemented them by Sections 9/A and 10/A. Amendments came into effect on 01 July 2018. 6) All other provisions of the new PTD were transposed into the Hungarian legal order by Government Decree 472/2017 of 28 December 2017 on contracts relating to travel services, in particular on contracts relating to package travel and linked travel arrangements. This Government Decree came into force on 1 July 2018 and simultaneouslywith that termday it repealed former Government Decree 281/2008 of 28 December. 7) As a result of the transposition of the rules of the new PTD into the Hungarian legal order, the following laws were also amended: • paragraphs 25, 26 and 27 of Section 2 of Act CLXIV of 2005 on trade, the definitions of the tour operator, travel agency activities and the traveller • a new rule is established in respect of lapse in Section 6:254(2) of Act V of 2013 on the Civil Code, whereby in the case of package travel contracts, customers not qualifying as consumers shall also be considered as consumers from the respect of the lapse of price reduction and compensation for damages.

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