Tourism Law in Europe
24 and current Presidential Decrees) legislative texts. In the previous law, Article 2(5) Directive 90/314/EEC included the definition of the term “contract” (in French, contrat ; in German, Vertrag ) 26 , and only some parts of the Directive invoked the term “package travel contract” (in French, contrat de voyage à forfait , contrat relatif au forfait and contrat relatif à un forfait ; in German, Pauschalreisevertrag , etc.). The now-repealed PD 339/1996 27 includes only the term “contract”, the definition of which was also given in Article 2(5) 28 . The current Directive (EU) 2015/302 on package travel and linked travel arrangements 29 employs the English term “package travel contract”, the French term contrat de voyage à forfait and the German term Pauschalreisevertrag , which have been rendered in Greek – correctly, in the present writer’s opinion – as σύμβαση οργανωμένου ταξιδιού , the definition of which is given in Article 3(3) of the Directive. Even the current PD 7/2018 “Harmonisation of legislation with Directive (EU) 2015/2302 concerning package travel and linked travel arrangements” (GG Α´ 12 29-01-2018) 30 only makes reference to “package travel contract”, as defined in Article 3(4) PD 7/2018. Given that both EU and Greek legislation provide explicit definitions of “package travel contract” and not just “contract”, doctrinally it is more appropriate to refer to “package travel contract”, rather than “travel contract”, in order to avoid creating a discrepancy with the term employed by the EU and national legislator. Therefore, under Article 3(4) PD 7/2018, a “package travel contract” is “a contract on the 26 Article 2(5) Directive 90/314/EEC defines “contract” as “the agreement linking the consumer to the organiser and/or the retailer”. 27 Presidential Decree 339/1996 “On package travel, in compliance with Directive 90/314 (EEL 158/59) on package travel, package holidays and package tours” (GG Α΄ 225). 28 According to Article 2(5) PD 339/1996, “contract is the agreement linking the consumer to the organiser and/or the retailer”. 29 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No. 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC. 30 Regarding the transposition of the New Package Travel Directive in Greece, see Kardoulia, E. (2020). The controversial aspects of the transposition of the new Package Travel Directive into the Greek law. In Carlos Torres, C., Melgosa Arcos, J., Jégouzo, L., Franceschelli, V., Morandi, F. & Torchia, F. (Eds.). Collective Commentary on the New Package Travel Directive . ESHTE (Estoril Higher Institute for Tourism and Hotel Studies), University of Salamanca, University of Sorbonne (Paris I), University of Milano–Bicocca, University of Sassari, University of Calabria, pp. 839-842; available also at: http://intranet.eshte.pt/CollectiveCommentary/839/; Kardoulia, E., & Tassikas, A. (2021). Implementation of the Package Travel Directive in Greece: Selected issues. In Morandi, F. (Ed.). Italian Journal of Tourism Law , 2/2021 (under publication).
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