Collective Commentary about the New Package Travel Directive

872 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 111) The organiser’s right of termination is regulated in Section 21(4) and (5) of the Decree. The contents of Subsections (4) and (5) are identical with the contents of Article 12(3) and (4) of the Directive. 112) The Decree does not allow travellers concluding package travel contracts to exercise their right to withdraw from the contract within a period of 14 days without giving any reason, as worded in Article 12(5) 28 of the Directive. Section 2 i) of Government Decree No. 45/2014 (26 February) on the detailed rules of contracts between a consumer and an enterprise, which also applies to off-premises contracts and authorizes consumers to terminate a contract within 14 days without giving any reason, establishes that the effect of this Decree shall not apply to package travel contracts. Package travel contract is only named in the Decree, which means that in the case of contracts relating to linked travel arrangements and travel contracts, travellers are entitled to withdrawal within 14 days without giving any reason, as defined in Section 20(1) and (2) of this Decree. IV.H. Liability 113) The organiser shall be exclusively liable for the provision of the travel services undertaken in the contract relating to package travel. Based on Section 2, paragraph 26 of Act CLXIV of 2005, retailers are not subjects of contracts relating to package travels, and therefore they shall not assume any liability for the fulfilment thereof: “26. travel retailer activity: is a businesslike economic activity, as part of which the retailer offers travel services to travellers on the basis of the commission of the person carrying out travel organization activities, and concludes contracts in the organiser’s name.”. 114) The organiser is also liable if another service provider is obliged to provide the travel services set forth in the contract 29 . 115) Travellers must immediately report any breach of contract noticed in connection with the provision of the travel services included in the package 28 With respect to off-premises contracts, Member States may provide in their national law that the traveller has the right to withdraw from the package travel contract within a period of 14 days without giving any reason. 29 Section 22 (1) The organiser shall be responsible for the performance of the travel services included in the package travel contract, irrespective of whether those services are to be performed by other travel service providers.