Collective Commentary about the New Package Travel Directive

766 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE transmits the traveller’s data to another trader (§ 5(2) TA) 21 . Offer of travel packages means a proposal to enter into a contract in the meaning of the § 16(1) of the LOA, and also an invitation to make offers in the meaning of the § 16(3) of the LOA 22 . In comparison to previous text of the TA, the current TA applies also to packages where the tour operator charges for services at an inclusive or total price (§ 7(2)(2) TA), while previously the packages sold for total price were excluded from the scope of the law. Concept of retailer is defined in § 5(3) of the TA as a travel trader who offers packages combined by a tour operator or enters into package travel contracts on behalf of a tour operator. The definition of travel retailer contains two main activities which are offering packages combined by a tour operator or entering into package travel contracts on behalf of a tour operator (§ 5(3) of the TA). The main difference is based on the Art. 3(8) of the Directive which has extended the concept of ‘travel agent’ to undertakings facilitating the provision of travel services. It should be noted that it is irrelevant how the entrepreneur defines his or her activity or whether it is its main activity. The organiser can therefore also be an entrepreneur for whom travel arrangements are not the main activity, e.g. provider of accommodation, passenger carriage services, organiser of events or car rental company. In addition, under the § 866(4) of the LOA, where a person providing travel services states in the contract that the person only intermediates individual travel services without being a tour operator, the statement in the contract has no legal effect, if the other party to the contract may reasonably consider, on the bases of advertising, catalogues or other circumstances, the person to be a tour operator when concluding the contract. In accordance with the Art. 13(1) and 20 of the Directive, § 5(3) of the TA provides that a travel retailer which offers packages combined by a travel trader established outside the European Economic Area or which enters into package travel contracts on behalf of such a travel trader is subject to the requirements provided for tour operators. It mainly relates to the situations where the tour operator is in breach with the obligations concerning the organizing of the tour. 21 Directive, Art. 3(8). 22 It has to be mentioned, that under Estonian law (§ 16(3) LOA), a proposal which is addressed to a previously unspecified set of persons and is made by sending advertisements, price lists, rates, samples, catalogues or the like or by displaying goods or by offering goods or services to a previously unspecified set of persons on a public computer network is deemed to be an invitation to make offers, unless the person making the proposal clearly indicates that it is an offer.