Collective Commentary about the New Package Travel Directive

868 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE breakfast and the half-board generally exceed 25% of the total price of room+meals, and such services are typically included, as basic elements, in hotel advertisements (e.g. room with breakfast or accommodation with half-board, etc.). Among other services of hotels (accommodations) wellness services also appear as basic elements in the advertisements of hotels providing such services. Despite the fact that the prices of breakfast and half-board are not indicated separately in the offers of accommodations, but a single, total price is shown, Section 13(2) of the Decree may also be interpreted that the hotel offers a package travel with the combination of room+breakfast, wellness, etc. Based on the definition indicated in Section 2 c) of Government Decree No. 239/2009 (20 October) on accommodation services, hotels may be withdrawn from the effect of the package travel: “c) hotel: a type of accommodation established for the exclusive purpose of providing accommodation services, where services, other than accommodation services, are also provided, and where the number of rooms utilized is at least eleven, and the number of beds is at least twenty-one.”. Other services shall be construed as basic activities of the hotel, as a unit together with the room service, and therefore other services, e.g. breakfast, wellness, etc. shall not qualify as other touristic services. IV.E. Pre-contractual information 89) Following the editing of the Directive, the Decree provides the pre- -contractual information preceding the conclusion of the contract prior to the detailed rules of the contracts relating to package travels. 90) Article 5 (1) a) to h) of the Directive were taken over by the Section 14 without any change. Annexes 1 to 4 of the Decree contain annexes I and II of the Directive. 91) The obligation of providing pre-contractual information shall be fulfilled by the organiser. In case an organiser sells the package travel through a retailer, the retailer shall also fulfil the obligation to provide pre-contractual information. 92) The organiser and the retailer shall provide standard information to the traveller prior to the making a statement on the conclusion of a contract by the traveller by means of the relevant form set out in Schedules 1 or 2 to the Decree.