Collective Commentary about the New Package Travel Directive

HUNGARY | ANDRAS SALAMON 857 the traveller. If the insurance company satisfied the traveller’s claim, the traveller’s rights vis-à-vis the travel company shall be passed to the insurance company to the extent needed for satisfying the claim.”. The second pillar of insolvency protection, i.e. compulsory insurance for the traveller, as beneficiary, was established in Section 9/A. The already existing financial security of tour operators and traders facilitating linked travel arrangements is a condition of the conclusion of the insurance contract. Under Section 9/A, it is not a condition that the contract of financial security is concluded and the insurance for the traveller as beneficiary is taken out at the same insurance company by the tour operator and the trader. 44) In case passenger transport also constitutes part of the package travel compiled and provided by the tour operator and the trader facilitating linked travel arrangements, the tour operator and the trader facilitating linked travel arrangements must conclude insurance contracts for travellers as beneficiaries. The insurance company is not obliged to conclude a contract. The insurance must provide cover for the measures to be taken in the interest of passengers who fell into an emergency state for any reason during the tour or owing to the tour operator’s insolvency, including the cover of their repatriation and forced stay outside Hungary. 45) Only those tour operators/traders facilitating linked travel arrangements must have the compulsory insurance indicated in the Decree, whose package travel and services also contains the transport of passengers (aeroplane, ship, train, bus). 46) Tour operators, who organize and provide, e.g. only ski tours (accommodation and ski ticket) or sports tours (entrance ticket and accommodation), and therefore the transport of passengers does not constitute part of the programmes offered by them, need not take out the insurance indicated as the second pillar, as long as passenger transport becomes part of any of the package travels (e.g. winter skiing by bus, accommodation and ski ticket or match entrance ticket with accommodation and air ticket). 47) The minimum of compulsory insurance is defined in Subsection (5). The rate of compulsory insurance is at least 10% of the amount of financial security to be certified in connection with insolvency protection. In case