Collective Commentary about the New Package Travel Directive

866 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE However, in connection with the conclusion and performance of the contract relating to a travel service on a stand-alone basis, the organiser is obliged to fulfil the same obligations as in the case of the contract relating to package travel. 84) It is declared in Section 36§ 22 of the Decree that it fully serves the purpose of compliance with the Directive. However, the Directive does not regulate the contract relating to the travel service on a stand-alone basis, consequently Chapter II of the Decree relating to the contract for travel services is not in compliance with the requirement set forth in Article 4 of the Directive 23 . IV.C. Special rules of contracts relating to package travel The special rules of contracts relating to package travel are set forth in Chapter III of the Decree. 85) In accordance with the legislator’s presumable intent, these rules are special rules, because the rules of Chapter II of the Decree shall also apply to package travel contracts, unless otherwise stipulated in Chapter III. In the event of any derogation, the rules of Chapter III shall apply to package travel contracts. If the provisions of Chapters II and III are compared, there is only a single provision where Chapter III does not contain provisions deviating from the rules of Chapter II. This is Section 17, i.e. the contents of package travel contract. In Section 17, the data relating to the contracting parties and prescribed in Chapter II, Section 4 (1), are not listed among the mandatory content elements of the contract 24 . 22 Section 36 This Decree serves the purpose of compliance with Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC. 23 Unless otherwise provided for in this Directive, Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions which would ensure a different level of traveller protection. 24 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) registration number of the organiser and the retailer under Government Decree No 213/1996 of 23 December 1996 on travel organisation and agency activities (hereinafter referred to as the ‘Government Decree on travel organisation’); c) an indication that the person involved is acting as an organiser or retailer; d) the first and last name, address and e-mail address, where necessary, of the traveller.