Collective Commentary about the New Package Travel Directive

876 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE and of the Council concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004, and under international conventions. Compensation or price reduction granted under this Decree and the compensation or price reduction granted under the Regulations and international conventions referred to shall be deducted from each other in order to avoid overcompensation.”. 129) The Decree does not regulate the statute of limitations, and therefore, based on Section 1(4) of the Decree, the provisions of the Civil Code shall apply to the issues not regulated in the Decree. Under Section 6:22(1) of the Civil Code, claims shall lapse after five years in general. In the case of a contract concluded with a consumer, the period of expiry of the right to warranty shall be two years under Section 6:163(2) of the Civil Code. V. LINKED TRAVEL ARRANGEMENTS 130) Sections 28 and 29 of Chapter IV of the Decree provide the linked travel arrangements. Section 28 provides an itemized list of the activities not qualifying as linked travel arrangements: “Section 28 (1) The provisions of this Chapter shall not apply to: a) linked travel arrangements covering a period of less than 24 hours unless overnight accommodation is included; b) packages offered and facilitated occasionally and on a not-for-profit basis and only to a limited group of travellers; c) linked travel arrangements provided on the basis of a framework agreement, concluded for more than one travel services or a specific period, for the arrangement of business travel for natural or legal persons who are acting for purposes relating to their trade, business, craft or profession. (2) Where no more than one type of travel service as referred to in Section 2(9)(a), (b) and (c) and one or more tourist services as referred to in Section 2(9)(d) are used, this shall not qualify as linked travel agreement if the latter services do not account for a significant proportion (25% of the value of the linked travel arrangement) of the combined value of the services, and are not advertised as and do not otherwise represent an essential feature of the travel or the services.”. 131) Section 29(1) and (2) regulate the pre-contractual information obligation of the trader promoting the use of linked travel arrangements, the

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