Collective Commentary about the New Package Travel Directive

ESTONIA | IRENE KULL 767 One of the changes made in the TA concerns the list of classification of areas of activity of travel traders. The classification of activities is necessary to assess the size of the security to be provided taking into account the different risks associated with the different activities. The amended text of the TA clarifies the activities by making them more consistent with the wording of the Directive. The Directive 90/314/EEC ensured the protection of consumers, in particular when purchasing traditional package tours (i.e. a combination of at least two travel services offered at a single price). In the Directive (EU) 2015/2302 traveller is defined as a person who is seeking to conclude a package travel contract or a contract on linked travel arrangements or is entitled to travel on the basis of a contract concluded (§ 7(6) of the TA) 23 . In accordance to the § 1(3) of the TA, if package travel contracts or contracts on linked travel arrangements have been concluded on the basis of a general agreement, the protection available for the travellers will not be provided. The main reason for lower protection of persons who are travelling under the general contract is the fact that in that case both parties are businesses and they do not need protection provided for travellers. The concept of general contract is new in the Estonian legal system. However, general rules provided for in the LOA on contracts apply and an explanation from Directive can be used, if necessary 24 . With the transposition of the Directive the text of § 869(2)(13) of the LOA was changed in such a way, that the provision in question extends only to minors i.e. persons under 18 years of age and applies only when the package includes accommodation. The legislation uses the term “person with the right of custody”, as it also includes, for example, a guardian. Other person with the right of custody could, in this sense, also be the person authorised to travel with the minor. 3.3. Pre-contractual and contractual information obligations in package contract One of the main instruments for protecting the economic interests of consumers is the introduction of an obligation for tour operators and other involved persons to provide information. Pre-contractual obligations in cases of package contracts are regulated in the § 867 and § 867 1 of the LOA. The Estonian LOA consists of general rules on pre-contractual information obligations for non-consumers and consumers (§ 14 and 14 1 of the LOA). In case of travel package contracts, obligation to provide precontractual information specified in § 14 (2) and § 14 1 23 Directive, Art. 3(6). 24 Directive, Art. 2(2)(c).