Collective Commentary about the New Package Travel Directive

842 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE provisions being inconsistent and fragmented. In addition to the provisions of P.D. 7/2018, the general rules for the protection of consumers, mainly Law 2251/1994 – as codified by Ministerial Decision 5338/2018 (Government Gazette B’ 40 / 17-01-2018) – as well as Presidential Decree 131/2003 on e-commerce (in case where the organiser/retailer offers packages or linked travel arrangements via the internet) are applicable. Moreover, the provisions of Article 681 et seq. of the Greek Civil Code apply in addition to the package travel contract insofar as they are compatible with the purpose of the specific provisions for that contract. In case a consumer protection issue arises, the specific provisions of the P.D. 7/2018 shall apply in principle, based on the general doctrine of “lex specialis derogat legi generali” which means that especialized laws prevail over general laws. However, since gaps are possible to occur in this special protection, the general consumer protection legal framework, as contained in both Law 2251/1994 and Presidential Decree 131/2003, in combination with the provisions of P.D. 7/2018, apply.