Collective Commentary about the New Package Travel Directive

870 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 100) After the conclusion of the contract, the organiser may only increase the price of the package travel, if his relevant right was expressly stipulated in the contract, and simultaneously provides for the price reduction. 101) The price may only be increased in the cases set forth in Section 18§ (1) of the Decree. The reasons for price increase listed in Section 18(1) are identical with those listed in Article 10(1) of the Directive. 102) It is a condition of the validity of price increase that the organiser provides information to the traveller by the 20 th day prior to the commencement of the travel on a durable medium, by giving reasons for the price increase, in a clear and intelligible manner. 103) In case the organiser stipulated the right to price increase in the package travel contract, he must also provide for price reduction. 104) The cases of price reduction are equal to the cases listed in Section 10(1). IV.G. Transfer and termination of the contract 105) Based on Section 20(1) of the Decree, the traveller is entitled to transfer his rights and obligations arising from the package travel contract to a person who satisfies all the conditions applicable to the contract. It is a condition of transfer that notice is given within a reasonable time, on a durable medium to the travel organiser. Notice given at the latest seven days before the start of the package shall be deemed to be reasonable. 106) Based on Section 21 of the Decree, both the traveller and the organiser may terminate the contract with unchanged conditions and consequences. 107) The traveller may terminate the package travel contract at any time before the start of the package. The payment of termination fee may be stipulated by the organiser if the contract is terminated by the traveller. The termination fee may only be claimed if the package travel contract provides therefor. 108) The amount, method of calculation and due date of payment of the termination fee may be unilaterally determined by the organiser, while the type thereof is prescribed in Section 21(2) of the Decree.

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