Collective Commentary about the New Package Travel Directive

HUNGARY | ANDRAS SALAMON 877 contents of which are identical with the provisions of Article 19(1) and (2) of the Directive. The contents of Section 29(4) are identical with the provisions of Article 19(4) of the Directive. V.A. Miscellaneous provisions 132) Based on Section 30 of the Decree, the retailer must prove that an organiser who settled outside the European Economic Area has the financial security set forth in Government Decree No. 2013/1996. (23 December). In case the retailer fails to prove this, he must certify the financial security prescribed in the Decree. 133) Organisers, retailers and traders shall be liable for any errors due to technical defects in the booking system. 134) Section 31 of the Decree authorizes the organiser, and the retailer where the organiser is located outside the European Economic Area, that in case price reduction or compensation is paid to a traveller, he shall have the right to seek redress from any third parties, which contributed to the event triggering compensation. 135) Based on Section 33(2) of the Decree, travellers may not waive the rights conferred on them by the contract relating to package travel or linked travel arrangements. Such statement is null and void. 136) In Section 33(3) 37 any contractual arrangement or any statement by the traveller which waives or restricts the rights conferred on the traveller as a result of the contract or the Decree, or aims to circumvent the application thereof is statutorily declared null and void. 137) In case of a violation of the traveller’s rights granted in the Decree, the consumer protection authority shall proceed under Section 34 (1), (2) and (3). 37 Any contractual arrangement or any statement by the traveller which directly or indirectly waives or restricts the rights conferred on travellers pursuant to the legislation and the contract relating to package travel and linked travel arrangements, or aims to circumvent the application of this Decree shall be null and void. Nullity may be invoked in the interest of the traveller.