Collective Commentary about the New Package Travel Directive

ESTONIA | IRENE KULL 781 a trader 51 , durable medium 52 , lack of conformity 53 and minor 54 . Some provisions were already adapted in other legal acts, for example, limitation period provided in Art. 14(6) of the Directive which is under the § 146(1) of the GPCCA 3 years applicable for all contractual claims. Some concepts provided for in the Directive can be derived from the wording of the provisions without need for specific regulation, like concept of repatriation (Art.3(16)), right of redress (Art. 22), imperative nature of the Directive (Art. 23(1)). In relation to pre-contractual and contractual information, the Directive increased the level of protection of passenger rights compared to previous regulation. One of the main developments was the replacement of general and impersonal obligation of notification with expressly set information obligation of organiser of the travel or retailer. In addition, price reduction and stipulation of specific percentage which entitles the passenger to terminate the contract without paying a termination fee can be considered necessary in the interests of clarity and transparency of the regulation. In comparison to previous text, Estonian passengers lost higher protection guaranteed in case of travel package contract. As of the transposition of the directive into national law, only termination of the contract is allowed in case of significant alterations or price increase and the passenger does not have the right to demand a substitute package from the organiser. Nevertheless, the organiser may offer the substitute package on its own initiative. More clarity was introduced concerning the right to terminate the package travel contract and provide the traveller with a full refund of any payments made for the package if the number of persons enrolled for the package is smaller than the minimum number stated in the contract. The organiser’s obligation to make all required refunds to the traveller without undue delay and in any event not later than 14 days after the package travel contract is terminated was also novelty setting the passengers into a more favourable position. One of the most important amendments based on the Directive is the right of the passenger to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances. The rule might be problematic considering the obligation of the organiser of the travel to bear the cost of necessary accommodation (if possible, of equivalent category) for a 51 LOA, § 1(6). 52 LOA, § 11. 53 LOA, § 100. 54 GPCCA, § 8(2).