Collective Commentary about the New Package Travel Directive

1150 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE developed in the past regarding the purchase of flight tickets booked in advance where the change of traveller’s name is not only expensive but proved impossible in certain situations 31 . Future practice will surely overcome these problems, but we should not underestimate that similarly with other numerous consumer protection instruments (e.g. guarantees) it may lead to the sale of more expensive flights tickets and therefore more expensive packages. Concerning the consumer protection generally, the protection belongs to the traveller. The new legal regulation of package travel provides protection of a traveller, an individual, who is concluding a package travel contract, or contracts, that constitute linked travel arrangements or who is to be provided travel services on the basis of a package travel contract, or contracts, that constitute linked travel arrangements 32 . Until 1 January 2019, according to Section 6 of the “old” Package Travel Act, was explicitly stated “ a package travel contract is a consumer contract ”. From 1 January 2019 we will consider the fact whether it is a consumer contract according to the general regulation of the Civil Code. The protection of a traveller under a special regulation will be independent from the regulations on consumer contracts. The amendment of legal regulation, effective from 1 January 2019, also consists of abandoning the full exclusion of the applicability of Act No. 102/2014 Coll. 33 on package travel, as some issues in relation to information obligations (notification of obligations related to payment of the price or identification of the trader’s entity) will already apply also to package travel. With regard to the provision of Sec. 27 Art. 2 of Act No. 170/2018 Coll., according to which “ A traveller cannot waive his rights granted by this Act. Contractual stipulations or declarations of a traveller waiving his rights pursuant to this Act whereby such rights are being restricted or whereby this Act is being circumvented, shall be invalid. ”. It is clear that the elements of traveller’s protection are preserved, whether or not being a consumer contract. 31 The substantial difference between price of the refundable and non-refundable ticket and the simple fact that in some cases there will be not travel ticket for the transferee. 32 Sec. 2 (b) of the new Package Travel Act. 33 Act No. 102/2014 Coll. on consumer protection in relation to sales of goods or provision of services based on distance and off-premises contracts and amending certain laws.