Collective Commentary about the New Package Travel Directive

858 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE entrepreneurs carrying out international tour operator’s activities also carry out passenger transport other than by charter flights, the amount of insurance must be at least 20% of the amount of financial security. 48)While the financial security may be certified in the form of implementable bank guarantee, insurance contract and cash deposit, the security serving to cover the costs of repatriation and forced stay may only be certified by insurance contract. 49) The compulsory insurance contract must be concluded in all cases by tour operators and traders facilitating linked travel arrangements for travellers as beneficiaries, which can be made for the names of passengers or can also be a not named, collective insurance contract. 50) The wording of Subsection (5) in connection with the insurance company’s obligation to assume responsibility involves several interpretations: a) conform to the Decree is compiled with if the aggregate cover value of the insurance contracts concluded for the travellers as beneficiaries reaches at least 10 or 20% of the given tour operator’s financial security relating to international tours. The Decree contains no provision which would oblige the insurance company to conclude an insurance contract of a higher amount. b) In addition to the insurer’s obligation for assuming responsibility for the travellers as beneficiaries, as defined in Subsection (2), a further obligation for assuming responsibility is assumed by the given tour organiser at least up to the annual 10 or 20% of its financial security. c) The insurance company must assume responsibility up to 10 or 20% of the given tour operator’s financial security, if the amount of insurance contract concluded for the traveller as beneficiary is lower, but the costs of travelling home and forced stay are higher than the amount of insurance. 51) The wording of the Decree shows that there is no penetrability between Section 8 (financial security) and Section 9/A (insurance for the traveller as beneficiary), i.e. the amount of one of the securities may not be used for the purposes of the other security prescribed in the Decree, i.e. the deficit of one security may not be covered from the amount of the other security.