Collective Commentary about the New Package Travel Directive
860 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 58) While the Directive provides for package travel and linked travel arrangements both in its title and contents, the Government Decree widened the area of regulation both in its title and contents, and extended it to travel services. 59) The conclusion whereby travel services, more specifically, contracts relating to travel services constitute the basis of travel-related legal transactions can be drawn from the title of the Government Decree, i.e. • parties shall enter into a contract relating to travel services in the case of using each travel service, • which shall qualify as package travel or linked travel arrangements in case the conditions defined in the Government Decree are satisfied (Section 2, paragraphs 6 and 10), • to which not the rules relating to travel services, but the rules relating to package travel or linked travel arrangements shall apply. 60) The Government Decree consists of VII chapters: Chapter I: General Provisions, Chapter II: Common Rules for Travel Service Arrangements, Chapter III: Special Rules for Package Travel Contracts, Chapter IV: Special Rules on Contracts for Linked Travel Arrangements, Chapter V: Common Rules for Contracts Relating to Package Travel and to Linked Travel Arrangements, Chapter VI: Procedures in the Event of Breaches of Certain Provisions of the Decree, Chapter VII: Final Provisions. 61) Contrary to the Directive, the objects covered by the Government Decree 6 shall not only apply to packages sold or offered for sale by entrepreneurs, and the linked travel arrangements promoted by entrepreneurs, but primarily to contracts relating to travel services, in particular to package travel contracts and linked travel arrangements. 6 Section 1 (1) This Decree shall apply to contracts relating to travel services, in particular to packages offered for sale or sold by entrepreneurs to travellers and to linked travel arrangements facilitated by entrepreneurs for travellers.
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