Collective Commentary about the New Package Travel Directive

ESTONIA | IRENE KULL 763 during a 24-hour time period, the new Directive has a much wider definition of package 15 . In order to avoid duplication, the Estonian legislator decided to provide definitions for travel service, travel undertaking, package, linked travel arrangements in the TA and rules for concerning package travel contracts in the LOA. An open list of travel services can be found in § 3 of the TA which has been transposed verbatim from the Art. 3(1) of the Directive. In addition travel services in the meaning of § 3 of the TA can be carriage of passengers, accommodation, which is not intrinsically part of carriage of passengers and is not for residential purposes, rental of a car or another motor vehicle, any other tourist service not intrinsically part of the travel services. In accordance to the TA § 7(1), a package means a combination of at least two different types of travel services for the purpose of the same trip, if the travel services are combined by one tour operator, including at the request of or in accordance with the selection of the traveller, before a single contract on all services is concluded 16 . A package also means a combination of at least two different types of travel services for the purpose of the same trip irrespective of whether separate contracts are concluded with individual travel service providers in the following cases: 1) the traveller selects the travel services from a single point of sale before agreeing to pay; 2) the tour operator makes an offer, enters into a contract or charges for these services at an inclusive or total price; 3) the tour operator advertises, makes an offer or enters into a contract under the name “package” or alike; 4) the tour operator combines the travel services after the conclusion of a contract by which it entitles the traveller to choose among a selection of different types of travel services; or 5) the traveller chooses travel services from separate undertakings through linked online booking processes where the traveller’s name, payment details and e-mail address are transmitted from the undertaking with whom the first contract is concluded to another undertaking and a contract with the latter undertaking is concluded within 24 hours after the confirmation of the booking of the first travel service (§ 7(2) TA) 17 . Travel services have to be selected and agreed upon before the performance of the travel services have started (§ 7(3)2) TA). Exceptions in the scope of application of the regulation of travel package can be found in § 7(3) of the TA based on the Art. 3(2)(b) (a) and (b) of the Directive. According to § 7(3) of the TA, a package is not deemed to be a combination of 15 See ECJ C-400/00 Club-Tour, Viagens e Turismo SA v Alberto Carlos Lobo Gonçalves Garrido, and Club Med Viagens Ldª (2002), ECR I-4051. 16 Directive, Art. 3(1). 17 Directive, Art. 3(2).