Collective Commentary about the New Package Travel Directive

HUNGARY | ANDRAS SALAMON 875 126) The rule of the Hungarian Civil Code applicable to the extent of loss caused by breach of contract shall apply to the organiser’s liability for damages, unless the extent of compensation payable by the service provider is not restricted by an international convention. The extent of compensation is regulated in Section 6:143 of the Civil Code 35 . 127) Based on Section 27(5) the organiser may restrict the extent of compensation as three times of the total participation fee in the package travel contract. Restriction shall not apply to personal injury, or to damage caused intentionally or with serious negligence. Based on Section 6:152 36 of the Civil Code, limitation or exclusion of liability for breach of contract resulting in loss of life or harm to physical integrity or health shall be null and void. 128) Article 14(5) of the Directive was taken over unchanged by Section 27(6) of the Decree: “Any right to compensation or price reduction under this Chapter shall not affect the rights of travellers under Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, Regulation (EC) No 1371/2007 of the European Parliament and of the Council on rail passengers’ rights and obligations, Regulation (EC) No 392/2009 of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents, Regulation (EU) No 1177/2010 of the European Parliament and of the Council concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004, and Regulation (EU) No 181/2011 of the European Parliament 35 Section 6:143 [Extent of compensation for loss] (1) Compensation shall be provided in the form of damages for the loss caused to the subject matter of the service. (2) The amount of damages for the loss caused by non-performance in the obligee’s property, including lost income, is such sum as the obligee is able to verify that the loss, as the potential consequence of non-performance, was foreseeable at the time of the conclusion of the contract. (3) If non-performance was intentional, the obligee shall be compensated for all losses and damages. 36 Section 6:152 [Limitation or exclusion of the consequences of non-performance] Any contract term limiting or excluding liability for premeditated non-performance of an obligation resulting in loss of life, or harm to physical integrity or health shall be null and void.

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