Collective Commentary about the New Package Travel Directive

BULGARIA | NANCHO NANCHEV 703 website of the Ministry the main elements of the contract. This insurance is the required by Art. 17 of Directive (EU) 2015/2302 “security for the refund of all payments made by or on behalf of travellers insofar as the relevant services are not performed as a consequence of the organiser’s insolvency”. In case of early termination of the insurance contract, the insurer, with whom the contract has been concluded, immediately notifies the Minister of Tourism 23 . I such a case the tour operator is obliged immediately to conclude a new insurance contract and submit it to the Minister of Tourism no later than three days after its conclusion 24 . The tour operator or the trader facilitating the provision of linked travel services is obliged as well to provide the traveller with a copy of the insurance certificate, confirming the existence of the insurance contract 25 . The determination of insurance indemnity by the insurer does not deprive the traveller of his right to claim the compensation by court order. The traveller may claim also directly against the insurer 26 . The liability of the insurer for the payment of compensation for damages to a traveller is limited to the amount of the agreed liability between the tour operator and the traveller 27 . Additional to these guarantee instruments is the possibility provided for in the Consumer Protection Act of 2005 for the consumer protection associations to bring an action for cessation or for prohibition of any acts or commercial practices which infringe on the collective interests of consumers 28 . It is specified that as an infringement on the collective interests of consumers is considered any act which harms the collective interests of consumers and is contrary to the provisions of number of legislative acts including those transposing Directive (EU) 2015/2302 29 . Such an action could be brought by the Bulgarian Commission for Consumer Protection as well as by a qualified entity of a EU Member State within whose territory the consequences of the infringement on the collective interests of consumers, committed in Bulgaria, have occurred 30 . 23 Art. 98(4) of the Tourism Act. 24 Art. 98(5) of the Tourism Act. 25 Art. 98a of the Tourism Act. 26 Art. 100 of the Tourism Act. 27 Art. 100a of the Tourism Act. 28 Art. 186(1) of the Consumer Protection Act. 29 Art. 186(2) point 10, letter e) of the Consumer Protection Act. 30 Art. 186(3) and Art. 186a(1) of the Consumer Protection Act.