Collective Commentary about the New Package Travel Directive

HUNGARY | ANDRAS SALAMON 861 62) The people covered by the Decree 7 shall apply to travellers and entrepreneurs. 63) Article 3 of the Directive, with the exception of paragraphs 7, 13 and 14 was transposed into Section 2 of the Decree one on one. 64) Instead of the designation “trader” used in Article 3, paragraph 7 of the Directive, the designation of “entrepreneur” is used in the Decree, with identical content, as indicated in paragraph 7 (Section 2, paragraph 14) 8 . 65) The definition of “lack of conformity in performance” as defined in Article 3, paragraph 13 of the Directive was not taken over by the Decree. The cases of lack of conformity in performance, designated in paragraph 13, are set forth in the Civil Code of Hungary as follows: lack of conformity in Section 6:157 9 , withholding performance in Section 6:183 10 . The concept and cases of lack of conformity in performance are not defined separately in the Decree, however in the case of contracts relating to travel services Section 10 and in the case of contracts relating to package travel, Sections 22 and 23 provide the legal consequences of breach of contract, that is, lack of conformity in performance. 66) The concept of “minor” defined in Article 3, paragraph 14 of the Directive is defined in Section 2:10(1) of the Civil Code 11 . 7 Section 1 (3) This Decree shall apply to travellers and entrepreneurs. 8 14. ‘entrepreneur’: means any natural person or any legal person who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Decree, whether acting in the capacity of organiser, retailer, trader facilitating a linked travel arrangement or as a travel service provider. 9 (1) Lack of conformity means when the obligor’s performance at the delivery date is not in compliance with the quality requirements laid down in the contract or stipulated by law. The obligor is not liable for any lack of conformity if, at the time of the conclusion of the contract, the obligee knew or should have known the lack of conformity. (2) Any clause of a contract that involves a consumer and a business party that derogates from the provisions of this Chapter on warranties and commercial guarantees to the detriment of the consumer shall be null and void. 10 If either party withholds performance without legitimate reason, the other party shall be entitled to apply the consequences of either delay, or subsequent impossibility. 11 (1) Persons who have not yet reached the age of eighteen years shall be deemed minors. Married minors are considered to be of legal age.