Collective Commentary about the New Package Travel Directive

778 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE to § 15(1) of the TA, a tour operator shall provide security for the performance of the obligations in case the tour operator becomes unable to perform their obligation due to their solvency. An undertaking which facilitates the conclusion of contracts on linked travel arrangements shall provide security for the performance of the obligations in case a travel service which is part of the linked travel arrangements is not provided due to the undertaking’s solvency 44 . The obligation to provide security provided for in the Art. 17(1) section 2 and Art. 18(1) of the Directive can be found in § 15(2) of the TA. Tour operator shall provide sufficient monetary security which shall cover reasonably foreseeable costs of performance of obligations listed in § 15(3) of theTA. Travel undertaking which facilitates the conclusion of contracts on linked travel arrangements shall provide security provided for in § 15(4) of the TA 45 . The Estonian legislator has used its discretion right in choosing measures in providing protection of travelers in case of insolvency of tour operator or other persons liable for performance of obligations obtained from the travel package contract. Travel undertaking providing services in a way which excludes the need to use security, are free from the obligation to provide security. These situations are provided for in § 15(5) of the TA and are following: packages are paid for in full after the provision of the combination of travel services and the package does not include the carriage of passengers; the travel undertaking is not liable for the carriage of passengers and the payment is not made or the linked travel arrangements are paid for in full after the performance; an undertaking intermediating of packages combined by a travel undertaking of a state outside the European Economic Area presents a certificate proving that the obligation to provide security has been performed by the actual tour operator in accordance with the law 46 . Finally, § 15(6) of the TA provides that security of the travel operator is not included in a travel undertaking’s bankruptcy estate. This is an important exception to the provision regulating exclusion of assets from bankruptcy estate provided for in the § 123 of the Bankruptcy Act 47 . Requirements for securities are regulated in § 15 1 –15 4 of the TA. In the process of transposition of the Directive the already established minimum rates 44 Directive, Art. 17(1). 45 Directive, Art. 19(1). 46 Last exception is based on the Art. 20 of the Directive. 47 Bankruptcy Act (pankrotiseadus), passed 22.01.2003, in force 01.01.2004. Available in English at: https:// www.riigiteataja.ee/en/eli/503042019005/consolide (2.08.2019).