Collective Commentary about the New Package Travel Directive

856 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE “The following Section 9/A is added to the Government Decree: Section 9/A 1. (1) If the package travel or the linked travel arrangement also includes the carriage of passengers, then the travel organiser or the trader facilitating the linked travel arrangement must take out the compulsory insurance specified in Section 6/F(7) of the Trade Act for the traveller as beneficiary when concluding the package travel contract or the contract on the linked travel arrangement. (2) The insurance taken out for the beneficiary must cover the costs linked with the measures related to travellers in emergency situation during their travel, their repatriation and involuntary stay abroad. (3) The insurance company must inform the Government Agency in writing within two working days about the use of the cover for the insurance specified in paragraph (1) by the insurance company carrying out compensation. (4) The insurance contract specified in paragraph (1) shall be in compliance with the provisions of this Decree if it sets out that in the event that the travel company does not ensure the repatriation of the beneficiary or the costs of his involuntary stay abroad, the insurance company shall take the measures necessary in this respect for the travel company. In order to take these measures, the travel company must place at the disposal of the insurance company in writing or electronically all the information required for the measures to be taken, in particular the identification data of the travellers concerned, and their travel, accommodation and contact data. The insurance company shall decide on the compensation method. (5) In the case of the contracts laid down in this Section, the insurance company must be liable annually for at least 10% of the financial security provided for in Section 8(3) and, if passenger transport is carried out with a non-scheduled airline flight, it must be liable for an amount equivalent to at least 20% thereof. (6) If the travel company does not place at the disposal of the insurance company all the information necessary for compensation, for reasons attributable to it in accordance with Section 10(3)(c), the Government Agency shall oblige the travel company in an order – in addition to warning it about the possibility of issuing a fine – to fully fulfil the supply of data set out in legislation within a five-day deadline. The Government Agency shall inform the insurance company concerned about any of these measures, and the Minister for Foreign Affairs about the measures taken in connection with the repatriation of travellers and their involuntary stay abroad. (7) Travellers may enforce their claims arising from the failure of the travel company to fulfil its obligations directly at the insurance company. The insurance company may not file any complaints arising from the insurance contract against