Collective Commentary about the New Package Travel Directive

864 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Section 6:254 of the Civil Code contains the provisions relating to the travel contract 15 . Pursuant to Subsection (1), a travel contract includes three joint travel services: passenger transport, accommodation and related services. On the contrary, the subject-matter of the contract for travel service, regulated in Chapter II of the Decree, is exclusively a single travel service. However, under Section 1(4) of the Decree, the provisions of the Civil Code shall apply only to the issues not regulated in the Decree. As the contracts relating to travel services, package travel and linked travel arrangements are regulated in the Decree, Section 6:254 of the Civil Code shall not apply to such contracts. 79) The Decree does not contain any rule that would oblige the organiser or the retailer to provide general information to travellers similarly to package travel and linked travel arrangements prior to the conclusion of the contract relating to the travel service. 80) The organiser’s financial security and mandatory insurance shall not cover travellers concluding a contract for the travel service. 81) Irrespective of a few deviations, the conditions of conclusion, termination and performance of the contract relating to the travel service, are practically identical with the rules of the contract relating to the package travel: • the organiser shall be responsible for the performance of the contract 16 , 15 Section 6:254 [Contracts for travel services] (1) Under a contract for travel services the contractor undertakes to make arrangements for travel and for accommodations at points of excursion and to provide the related services, and the customer undertakes to accept the services and to pay the contracted fees. (2) The contract shall be executed in writing. Any contract clause that has not been executed in writing shall be null and void. (3) The customer shall be entitled to transfer before the start of the journey his rights and obligations stemming from the contract for travel services to a third party who meets the conditions set out in the contract for travel services. (4) The customer and the third party shall be jointly and severally liable for the obligations arising before the transfer of rights and obligations, and for any additional costs arising out of or in connection with the transfer. (5) Any contract clause that derogates from the provisions of this Section to the detriment of the consumer shall be null and void. 16 Section 10 (1) The organiser shall be responsible for the performance of the travel services included in the travel service agreement, irrespective of whether those services are to be performed by him or by other travel service providers.