Collective Commentary about the New Package Travel Directive

1164 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE withdrawing from the contract 32 . This is in line with the rules of general contract law in Slovenia according to which an offeree’s silence or inactivity on receiving an offer does not amount to an acceptance 33 . Regarding the conclusion of a package travel contract the Supreme Court of Slovenia recently held that consumer’s e-mail addressed to the travel company, in which the consumer is specifying the hotel, price and the term and at the same time requiring a reservation, constitutes a binding offer 34 . Therefore, the travel package contract is concluded when the reservation is confirmed by the travel company 35 . 3.4. Performance of the Package Provisions of the Consumer Protection Act concerning the performance of package travel closely follow the Directive’s wording, albeit with a different organisation of articles. The Directive gives discretion to the Member States to determine whether the retailer, in addition to the organiser, is also responsible for the performance of the package 36 . Accordingly, the Consumer Protection Act introduces a subsidiary liability of the retailer for the compliance with the package travel contract, which is limited to cases where the organiser is not established within the European Economic Area and the retailer who is established in the Republic of Slovenia cannot prove that the organiser complies with the relevant provisions concerning the performance of the package 37 . This resolves the previously ambiguous issue under what conditions the retailer can also be held liable for the performance of the package. It remains unclear, however, what proof of the organiser’s compliance with the legal requirements the retailer must furnish to exonerate himself from the responsibility for the performance of the package. Lacking more specific rules, retailers will only be able to rely on this rule ex post , by proving that the organiser has in fact acted in accordance with Articles 13 to 16 of the Directive in the case concerned. Under paragraph 5 of Article 13 of the Directive, the organiser must offer the traveller suitable alternative arrangements in case a significant proportion of the travel services cannot be provided as agreed in the package travel contract. Consumer Protection Act specifies that it is the organiser who establishes 32 Article 57h(2) of the Consumer Protection Act. 33 Article 30(1) of the Obligations Code. 34 Judgement of the Supreme Court of Slovenia, Nr. II Ips 22/2012 of 22 January 2015. 35 Ibid., para. 9. 36 Article 13(1), second subparagraph, of the Directive 2015/2302. See also recital 23. 37 Article 57.e(15) of the Consumer Protection Act.