Collective Commentary about the New Package Travel Directive

LITHUANIA | DANGUOLĖ BUBLIENĖ AND IEVA NAVICKAITĖ-SAKALAUSKIENĖ 1003 Directive, in the context of EU consumer law, can be assessed as excessive, especially having in mind that Article 5 of UCTDirective lays down, in principle, the same requirement. Article 5 of UCT Directive provides that “in the case of contracts where all or certain terms offered to the consumer are in writing, these terms must always be drafted in plain, intelligible language” . Having in mind the general character of UCT Directive application, it is presumable that the requirement of plain and intelligible language should apply to all consumer contracts, without additional notification. The requirement set in Article 7 (1) of the Travel Directive and in Article 5 of UCT Directive results in two implementing norms, both incorporated in part of the Civil Code, regulating general aspects of consumer contracts, and Civil Code part, providing the special rules on package travel services. This repetition of the norms is not a brilliant way for the transposition, as it might create uncertainties concerning the application of this requirement towards other consumer contracts. 4.3. Right to alter contract terms, right of withdrawal and termination of the contract The right of termination of the package travel contract and the right of withdrawal before the start of the package, provided in Article 12 of the Travel Directive, are, in national law, split into two articles. Article 6.750 of the Civil Code sets the rules on the tourist’s right to terminate the package travel contract and to withdraw from the package travel contract, while Article 6.751 provides these rights to the tour organiser. The tour organiser’s right to terminate the package travel contract before the start of the package (Article 6.751 (1)) 45 , echoes the tourist’s right to terminate the contract (Article 6.750 (1)) 46 . The difference is in consequences: the tour organiser has to compensate for the damage, while the tourist only pays a reasonable fee for the termination. Moreover, the right of the tour organiser to terminate the contract seems very broadly: the Civil Code does not condition the right of tour organiser neither with the specific term or specific situations, neither it requires to indicate this right and its conditions of implementation in the contract itself. It seems that the Travel Directive does not grant the same rights to both parties of the package 45 Article 6.751 (1) lays down “the tour organiser shall have the right to terminate the contract before the start of the package tour, refund the tourist for all payments made for the package tour and compensate the tourist for damages suffered”. 46 Article 6.750 (1) lays down that “the tourist shall have the right to terminate the package travel contract at any time prior to the start of the package tour”.