Collective Commentary about the New Package Travel Directive

1160 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 3.1. Scope of Application and Definitions Chapter 1 of the Directive was adequately transposed into Slovenian law. With the exception of Articles 1, 2 (third paragraph) and 4 of the Directive, which are by their nature not intended for the transposition into a national legal order 13 , appropriate provisions can be identified in the Slovenian law that closely follow the Directive’s wording on its scope of application and definitions 14 . Regarding the scope of application the Slovenian law transposing the Directive correspondingly applies to packages offered by companies and to linked travel arrangements. It is in line with the Directive that the transposed provisions are applicable not only to consumers but also to other travellers, unless they are acting for purposes relating to their trade, business, craft or profession and the package was purchased on the basis of a general agreement for the arrangement of business travel 15 . Although the Slovenian Consumer Protection Act uses the term “consumer” instead of “traveller”, for consistency with the terminology used in the rest of the law, it explicitly states that the scope of protection as contained in the subsection on package travel and linked travel arrangements 16 is not limited solely to consumers 17 . This means that the meaning of the term consumer, when used in the context of package travel, is wider than in other sections of the law, which is peculiar. The Directive’s definition of packages and linked travel arrangements to which the Directive does not apply 18 was adequately implemented in the Consumer Protection Act 19 . Thus, the transposed law does not apply, inter alia , to packages and linked travel arrangements offered or performed occasionally and on a non-for- -profit basis and only to a limited group of travellers. This is in line with the recital 19 of the Directive, which also gives examples of such packages and linked travel arrangements, including “trips organised not more than few times a year by charities, sports clubs or schools by their members, without being offered to the general public” 20 . With regard to this exception, the Consumer Protection Act contains an additional provision 21 , which defines the circumstances in which it is considered 13 http://pisrs.si/Pis.web/porociloKorelacijskaEu?celex=32015L2302 of 5.7.2019. 14 See Articles 57 and a57.b of the Consumer Protection Act and Article 5 of the Family Code. 15 See Article 57.a(3) of the Consumer Protection Act. 16 Articles 57 – 58.č of the Consumer Protection Act. 17 Article 57.a(3) of the Consumer Protection Act. 18 Article 2(2) of the Directive. 19 Article 57.a(4) of the Consumer Protection Act. 20 Recital 19 of the Directive. 21 Article 57.a(5) of the Consumer Protection Act.