Collective Commentary about the New Package Travel Directive

ESTONIA | IRENE KULL 773 which the package contract was entered into is granted under the § 878 2 (1) of the LOA. The retailer shall immediately forward such messages, requests and complaints to the tour operator. In any case, upon calculation of compliance with time limits or limitation periods, receipt of the messages, requests or complaints by the retailer shall be considered as receipt by the tour operator (§ 878 2 (2) LOA) 34 . The obligation to remedy the lack of conformity means that the tour operator shall take reasonable measures at the expense of the tour operator in order to eliminate the violation, except if it is impossible or entails disproportionate costs (§ 875(2) LOA). In latter case, the traveller shall have the right to demand compensation from the tour operator for the damage or reduce the price of the package. The traveller may, but need not, provide a time limit for the elimination of the non-conformity. There is no need to set a time limit if the tour operator refuses to remedy the defect or if the traveler cannot be expected to set a time limit for any other reason. However, if the traveller granted a reasonable term to the tour operator for elimination of the violation and operator failed to remedy, the traveller may do so himself or herself and demand reimbursement by the tour operator of the necessary expenses incurred. If the tour operator refuses to do it or if the traveller has a special interest in that the measures are taken immediately, the measures can be taken without granting additional term. The consequences of the situation where a significant proportion of the travel services cannot be provided as agreed in the contract and in other cases provided for in Art. 13(5) of the Directive are transposed into § 875(3) of the LOA verbatim. The right to terminate the travel package contract in case of non-conformity of travel services during the travel are transposed into § 876 of the LOA. A traveller has a right to terminate the contract if the non-conformity is not remedied during a reasonable term determined by the traveller after the notification (§ 876(1) LOA) 35 . In that case the tour operator has no right to get the price of the package. However, reasonable compensation for the services provided or the services to be provided to end the journey may be demanded by the tour operator, 34 Any declaration of intention directed at a certain person enters into force upon receipt in accordance to the § 68(1) of the GPCCA. However, if a party to a contract communicates a declaration of intention to the other party, declaring that the other party has violated a contractual obligation thereof, and a delay occurs upon communication of the declaration or the declaration is lost upon communication, the declaration is deemed to be received at the time when it would have been received under normal circumstances if the party communicating the declaration proves that the party has expressed the declaration of intention and has chosen a reasonable manner for communicating the declaration (§ 70 GPCCA). 35 Directive, Art. 13(6) section 1.