Collective Commentary about the New Package Travel Directive

762 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE & Young Baltic AS. One of the tasks was to assess the impact of relevant alternative guarantee systems on traders to determine the guarantee system that would best fit Estonia and exert minimum burden on businesses when it comes to meeting their obligations under the Directive 12 . Data on the business activities of companies providing travel services was collected from the Estonian e-Business Register, Register of Economic Activities, regular reports submitted to the Consumer Protection Board, from Statistics Estonia and Eesti Pank (Estonian Bank). According to the explanatory memorandum, comparative research was made in the process of preparation of the draft Act to find out the regulative models and the experience of other states in implementing the Directive. However, there are no references to any specific country as the main or most influential model for transposition of the Directive 13 . Draft Act went through three readings in the Parliament during which some proposals for amending the draft were made 14 . Act transposing Directive (EU) 2015/2302 into Estonian law was passed on 6 December 2017 and amendments to the TA and the LOA entered into force on 1 July 2018. 3. DISTINCTIVE FEATURES OF THE IMPLEMENTATION OF DIRECTIVE 2015/2302 IN ESTONIAN LAW 3.1. Scope of application The scope of application of the Directive concerns, firstly, the concept of package, travel service, linked travel arrangements and exceptions to the application of concepts and, secondly, the subjects of package travel services. One of the main changes in comparison to the Directive 90/314/EEC is the concept of travel package. While Directive 90/314/EEC defined package as a travel service, which is offered in total price, has predetermined conditions and includes a pre-defined package of at least two different travel services offered 12 Pakettreisidirektiivi mõju ja alternatiivsete tagatissüsteemide rakendatavuse uuring. Lõpparuanne 15.12.2015. Executive summary in English is available at: https://www.mkm.ee/sites/default/files/ey_eas_ pakettreisid_aruanne_2015_final_2.pdf (2.08.2019). 13 Directive 90/314/EEC was transposed into Estonian law by using German Civil Code, Swiss Federal Act on Package Travel from 18 June 1993, Austrian Consumer Protection Law (KSchG) from 8 March 1979. Explanatory memorandum refers to other legal systems in connection with only very few provisions (Germany, Finland, Hungary, Spain France, etc.), mainly in the purpose of bring out some differences in comparison to Estonian law. 14 After first reading 10 amendments were accepted and 3 rejected. Amendments are available in Estonian at: https://www.riigikogu.ee/tegevus/eelnoud/eelnou/b908028a-c6ca-42b7-bdc3-cc9eced8997d (2.08.2019).