Collective Commentary about the New Package Travel Directive

768 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE of the LOA shall not apply. It does mean that providers of travel services and retailers are obliged to provide only such information which can be found in the specific rules of the LOA (§ 867). In addition, to give specific information listed in the § 867 of the LOA, general obligation to take reasonable account of one another’s interests and rights and provide only accurate information in the course of preparation for entering into the contract applies to travel package contracts. General rules on prohibition of use of unfair practices can be found in the Consumer Protection Act (§§ 13-18). So, in the course of the transposition of the Art. 5 of the Directive the pre- -contractual information has been made mandatory, which was not the case in the previous version of the regulation. The obligation to provide pre-contractual information is also mandatory for retailers. If the tour operator (or retailer) fails to comply with the pre-contractual notification obligation, the traveller will be able to avail himself of the appropriate remedies, in particular, to claim compensation for damage caused as a result of the violation (§ 115 ff LOA). In addition, pursuant to § 65 (1) of the Consumer Protection Act, the Consumer Protection Board has the right to demand that an undertaking, who has violated the notification obligations provided for in §§ 867–870 of the LOA, terminate the violation and refrain from further violation. If the undertaking fails to comply with the precept of the Consumer Protection Board, the Consumer Protection Board has the right to impose a penalty payment on the undertaking. The formal requirements of the tour description have not been imposed by the legislator, so it can be a written document, a catalog or electronic information on the tour operator’s website. The data may also be presented in the form of pictures, videos, etc.The informationhas to be provided in a clear, comprehensible and prominent manner and if the information is provided in writing, it must be legible (§ 867(2 3 LOA). The tour operator and the retailer, in the case of entering into a package contract which is offered through a retailer, are required to submit the relevant standard information form to the traveller 25 . The information has to be provided before a traveller enters into a package contract or makes a binding offer for it. The information sheet containing package tour-relevant information listed and described in Art. 5(1) of the Directive is transposed verbatim into § 876 of the LOA. 25 Standard information form: Establishment of standard form for package travel contracts and related travel arrangements ( Pakettreisilepingu ja seotud reisikorraldusteenuste standardinfo teabelehtede vormide kehtestamine ). Regulation of the Ministry of Justice from 21 February 2018 No. 9. Available at: https://www.riigiteataja.ee/ akt/128022018001 (2.08.2019).