Collective Commentary about the New Package Travel Directive

HUNGARY | ANDRAS SALAMON 863 73) Chapter II of the Decree shall not apply to a stand-alone contract relating to a separate travel service, but to all contracts concluded for any travel service designated in Section 2, paragraph 9. On the one hand, the provisions of Chapter II name the contract relating to travel service as a stand-alone contract, i.e. the rules in Chapter II shall only apply, for instance, to the sale of accommodation services, air tickets, train or bus tickets, facultative programmes, car rent, concert tickets. On the other hand, they shall apply as common rules to package travel and the contracts promoting the use of linked travel arrangements, as regulated in Chapters III and IV, to the extent that provisions deviating from those in Chapter II are not set forth in Chapters III and IV. 74) The parties concluding the contracts relating to travel services are named in Section 4(1) a), c) and d) of the Decree 14 . 75) The personal scope of the Directive are restricted in Section 4(1)a). Since it does not use the collective word “entrepreneur” as defined in Section 2, paragraph 14, which, in addition to travel organiser, retailer and the trader facilitating a linked travel arrangement, also includes, among others, the person providing the travel service, i.e. for instance the hotel or the airline, etc., but names exclusively the travel organiser as a party concluding a contract with the traveller. 76) Based on Section 4(1) a), only contracts concluded with the traveller by the organiser or the retailer shall qualify as contracts relating to travel services. 77) Under Section 4 (1) a), contracts concluded by a person providing travel services, e.g. hotel, airline, railway company, restaurant, etc. with the traveller for his own travel services shall not qualify as contracts relating to travel services, and thus they shall not fall under the effect of the Decree (see Clauses 61 and 62). 78) There is a contradiction between the contract relating to travel service, as indicated in the Decree and the provision for the travel contract, regulated in the Civil Code. 14 Section 4 (1) The travel service agreement or confirmation of the agreement shall include the following information: a) the name, address, telephone number, e-mail address and fax number of the organiser and of its local representative, if any, and of the retailer where the travel service agreement has been concluded through a retailer; b) an indication that the person involved is acting as an organiser or retailer; c) the first and last name, address and e-mail address, where necessary, of the traveller.