Collective Commentary about the New Package Travel Directive

HUNGARY | ANDRAS SALAMON 867 IV.D. Concept of the package travel 86) The concept of package travel was defined in Section 6, paragraph 6 of the Decree fully identically with Article 3, paragraph 2 of the Directive. Chapter III, Section 13(1) defines with the word-by-word transposition of Articles 2(2) of the Directive the package travel contracts, more specifically, the contracts relating to package travel, to which the provisions of Chapter III may not apply: “Section 13 (1) The provisions of this Chapter shall not apply to: a) packages covering a period of less than 24 hours unless overnight accommodation is included; b) packages offered or facilitated occasionally and on a not-for-profit basis and only to a limited group of travellers; c) packages provided on the basis of a framework agreement, concluded for more than one travel services or for a specific period, for the arrangement of business travel for natural or legal persons who are acting for purposes relating to their trade, business, craft or profession.”. 87) Article 13(2) defines in accordance with Articles 3(2) a) and b) of the Directive the cases when the combination of travel services qualifies as package travel: “(2) A combination of travel services where no more than one type of travel service as referred to in Section 2(9)(a), (b) or (c) is combined with one or more tourist services as referred to in Section 2(9)(d) shall not qualify as a package if the latter services a) do not account for 25% of the value of the package, and are not advertised as and do not otherwise represent an essential feature of the combination; or b) are selected and a contract is concluded only after the performance of a travel service as referred to in Section 2(9)(a), (b) or (c) has started.”. 88) The wording of Section 13(2) of the Decree disregards the interpretation set forth in paragraph (17) of the preamble of the Directive, with special regard to the 4 th sentence thereof 25 , which affects accommodations, and primarily hotels. In Hungary, in the case of hotels, the prices of meals, for instance, the 25 “This includes, for instance, transport of luggage provided as part of carriage of passengers, minor transport services such as carriage of passengers as part of a guided tour or transfers between a hotel and an airport or a railway station, meals, drinks and cleaning provided as part of accommodation, or access to on-site facilities such as a swimming pool, sauna, spa or gym included for hotel guests.”.