Collective Commentary about the New Package Travel Directive

1152 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE variations of tourist service offers in different situations. In all the variations mentioned, irrespective of the existence of separate contracts, it is necessary to identify the person who has made it possible to create such a combination of services simultaneously in one place, offering them at one price or under one relevant designation. Only a tour operator is entitled to have concluding package travel contracts in its field of business. The entity that acts in this way has, independently of the existence of a business licence, duties and responsibilities under the Package Travel Act with reference to Sec. 3 of the Commercial Code. The following forms of creation of package travel by concluding separate contracts are considered to be permissible under the Package Travel Act: 1. In the case of travel services purchased at one point of sale and combined before the traveller undertook to pay their price, it can be the so-called dynamic packaging , which includes services according to individual choice of a traveller. As a point of sale is considered not only an establishment but also another place where a trader customarily carries on its business, including a web site or other means of remote communication that make it possible to enter into a contract without the contracting parties being simultaneously present physically. In relation to the point of sale, it is necessary to identify the tour operator, which will be obliged to fulfil all the obligations related to the provision of package travel. 2. Offer, sale, charging of travel services at an aggregate price or total price. 3. Offer or sale of travel services under the title “package travel“, “travel services package” or a similar designation (e.g. holiday). 4. Travel services combined by a traveller after the conclusion of a contract that gives the traveller a right to choose from various types of travel services are also considered as package travel. In this case, they are often in a form of a gift or holiday coupons, vouchers which entitle their owner to create a tailor-made holiday after buying a voucher and on the basis of predetermined limits of choice. 5. In the situation under Sec. 3 Art. 1 (b) point 5 of the Package Travel Act it is quite clear that it is necessarily a matter of several travel service providers, since these will be travel services purchased from various traders through linked online booking systems in which the trader with which the first travel service contract is concluded sends the name and surname, payment details and electronic address of the traveller to another trader or other traders, and a travel services contract is concluded with that trader or traders within 24 hours of the confirmation of the booking of the first travel service. With reference to this eventuality, in