Collective Commentary about the New Package Travel Directive

862 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 67) Pursuant to Section 1(4) of the Decree, the provisions of the Civil Code shall apply to the issues not regulated in the Decree 12 . IV.B. Common rules for travel service arrangements 68) The Hungarian legislator basically followed and fulfilled the requirement related to the level of harmonization, as defined in Article 4 of the Directive. However, it is conceivable that Chapter II of the Decree relating to the “Common rules of contracts relating to travel services” shall qualify a provision deviating from the provisions defined in the Directive. By virtue of paragraph (21) of the preamble of the Directive: “ Member States should remain competent, in accordance with Union law, to apply the provisions of this Directive to areas not falling within its scope. Member States may therefore maintain or introduce national legislation corresponding to the provisions of this Directive, or certain of its provisions, in relation to contracts that fall outside the scope of this Directive. For instance, Member States may maintain or introduce corresponding provisions for certain stand-alone contracts regarding single travel services (such as the rental of holiday homes)...”. 69) Pursuant to Section 3(1) of Chapter II of the Decree, the provisions of Chapter II shall apply to contracts relating to travel services, which shall not qualify as package travel and linked travel arrangements 13 . 70) The definition of travel service, as indicated in Section 2, paragraph 9 of the Decree is in full conformity with the provisions of Article 3, paragraph 1 of the Directive. 71) Based on Section 2, paragraph 9 and Section 3, paragraph 1 of the Decree, the provisions of Chapter II shall apply to all cases when a contract is only concluded by the parties in respect of anyone of the travel services designated in Section 2, paragraph 9, e.g. only for accommodation or air ticket. 72) The first locution of the second sentence of paragraph (21) of the Directive cited in Clause 68) of this study refers to a stand-alone contract relating to a separate travel service. 12 (4) In the case of matters not regulated by this Decree, the provisions of Act V of 2013 on the Civil Code (hereinafter referred to as the ‘Civil Code’) shall apply. 13 Section 3 (1) The provisions of this Chapter shall apply to agreements for travel services that do not qualify as package travel or linked travel arrangements.