Collective Commentary about the New Package Travel Directive

HUNGARY | ANDRAS SALAMON 869 93) Should the organiser or the retailer fail to provide information of all additional fees, duties and other costs prior to the making a statement on the conclusion of the contract by the traveller, the traveller shall not be obliged to pay such additional costs. 94) Travel contractors, i.e. organisers, retailers and traders must prove that they have fulfilled their obligation of providing information to travellers. IV.F. Amendment to the package travel contract 95) It is set forth in Section 15(1) 26 of the Decree, similarly to Article 6(1) of the Directive that the points indicated in 6(1) of the Directive form an integral part of the package travel contract, and shall not be altered unless the contracting parties expressly agree otherwise. 96) It is not indicated in the Decree who is obliged to prepare the package travel contract, but the wording of the second sentence of Section 17(1) suggests that it must be prepared by the organiser and made available to the traveller on a durable medium. 97) The contract must be composed in plain and intelligible language and, insofar as it is in writing, must be legible. 98) As regards the contents of the package travel contract and the confirmation of the contract, the wording of Article 7(2) of the Directive was taken over unchanged by Section 17(3). 99) Based on Section 17(7) of the Decree, the organiser shall provide the traveller, in good time before the start of the travel service (and not the package travel as used in Article 7(5) of the Directive), over and above those listed in Article 7(5) of the Directive, the insurance policy issued to the traveller’s name (see: point III/B). 26 Section 15 The conditions communicated to the traveller pursuant to Section 14(2)(a), (c), (d), (e) and (h) shall form an integral part of the package travel contract and shall not be altered unless the contracting parties expressly agree otherwise. The organiser or the retailer shall communicate all changes to the pre-contractual information to the traveller in a clear, comprehensible and prominent manner before the conclusion of the package travel contract.