Collective Commentary about the New Package Travel Directive

HUNGARY | ANDRAS SALAMON 873 travel contracts to the organiser or the retailer 30 . (The word retailer was omitted from the official English translation of the Decree). 116) Based on Section 25 of the Decree, travellers shall be entitled to address their messages, requests of complaints in relation to the performance of the package directly to the retailer, provided that the contract relating to the package travel was concluded through a retailer 31 . 117) The organiser’s obligations related to the performance of the package travel are set forth in Sections 22 to 24 of the Decree, the content and text of which are identical with the provisions of Article 13 of the Directive. 118) The organiser shall remedy the breach of contract, however, in the cases indicated in Section 22(3) of the Decreee, the organiser shall be exempted from such obligations 32 . 119) The traveller shall be entitled on the basis of Section 22 (4) and (5) of the Decree to allow the organiser to remedy the breach of contract within a reasonable time limit. If the time limit expires unsuccessfully, the traveller may remedy the defect himself and may claim reimbursement of the necessary expenses from the organiser. It shall not be necessary for the traveller to specify a time limit if the organiser refuses to remedy the breach of contract or if immediate remedy is required. 120) The organiser must offer suitable alternative arrangements to the traveller, when an essential part of a travel service may not be provided in accordance with the contract. The extra cost of the alternative service may not be charged to the traveller, while in the case of a lower quantity, the organiser must provide appropriate price reduction. The traveller may reject the proposed 30 Section 22 (2) The traveller shall inform the organiser without undue delay using any of the contact details listed in the travel contract, taking into account the circumstances of the case, of any breach of contract which he perceives during the performance of a travel service included in the package travel contract. 31 Section 25 Where the package travel was provided by the retailer, the traveller shall be entitled to address messages, requests or complaints in relation to the performance of the package directly to the retailer through which it was purchased. The retailer shall forward those messages, requests or complaints to the organiser without undue delay. For the purpose of compliance with time limits and limitation periods, communication with the retailer shall be considered as communication with the organiser. 32 The organiser shall remedy the breach of contract, unless that a) is impossible; or b) entails disproportionate costs, taking into account the extent of the breach of contract and the value of the travel services affected.