Collective Commentary about the New Package Travel Directive

HUNGARY | ANDRAS SALAMON 865 • the traveller may terminate the contract at any time; termination fee may be stipulated for the case of termination 17 , • the lack of conformity in performance must be remedied by the organiser, within the reasonable time limit set by the traveller 18 , • the organiser shall assume liability for damages 19 , • the organiser shall assume liability for any participant in the provision of the service, the organiser’s liability may be restricted by an international convention 20 . 82) Deviations: • no preliminary obligation for providing information, • the contract relating to the travel service shall not contain the organiser’s statement whereby the organiser shall assume liability for the provision of the service included in the contract, • the organiser shall not assume liability for providing help, • the amount of damages is not restricted, • upon the conclusion of the contract, no more than 40% of the participation fee may be claimed as advance, • the organiser’s right to terminate the contract is not restricted in time. 83) Chapter II of the Decree is only partly in conformity with the expectation worded in paragraph (15) 21 of the preamble of the Directive. It is a fact that by virtue of the Decree the purchase of a travel service on a stand-alone basis as a single travel service, and the conclusion of the relevant contract, should constitute neither a package, nor a linked travel arrangement. 17 Section 8 (1) The traveller may terminate the travel service agreement at any time in accordance with the agreement. Where the traveller terminates the travel service agreement, the traveller may be required to pay a termination fee which may not exceed the amount of the registration fee. 18 Section 10 (7) If the organiser does not remedy the breach of contract within a reasonable period set by the traveller, the traveller may do so himself and request reimbursement of the necessary expenses. It shall not be necessary for the traveller to specify a time-limit if the organiser refuses to remedy the breach of contract or if immediate remedy is required. 19 Section 11 (1) The organiser shall be responsible for any damages resulting from the breach of the travel service agreement. 20 Section 12 (1) The organiser shall be responsible for his contributory conduct in the performance of the service as if he had acted by himself, unless an international convention limits his liability as a contributor. 21 (15)The purchase of a travel service on a stand-alone basis as a single travel service should constitute neither a package nor a linked travel arrangement.