Izvorni znanstveni članak
The distinction between the tour organizer and agent
Vilim Gorenc
Andrea Pešutić
Sažetak
The inclusion of the Directive on package travel, package holidays and package tours into the Law on Obligatory Relations has introduced innovations into the existing legal regulations of tour contracts that require additional considerations on the subject. This is especially true of the difference between the tour organizer and agent since the difference in their liability gives rise to different levels of protection of users of their services, which is one of the main purposes of the legal regulation of contract.
Since EU law and most national legislations do not have special regulations for tour contract, the scope of both contracts results from the scope of the contract of tour organization. In order to determine the scope of regulations of the tour contract it is necessary to define precisely and clearly the object and the parties of the contract. On account of vague definitions and bad translations of the Directive and the mixing of Continental and Anglo-American law in EU law, there are still uncertainties in the application of individual terms, such as the combination of services determined in advance and the determined duration of services, which are important for the differentiation between the organizer and agent. Regarding these terms there are differences in Croatia in the Law on Obligatory Relations and the Law on Tourist Activities. Since the Directive contains only the minimum of legal regulation of this area which Member States are obliged to incorporate into their legislation, and national legislations can introduce stricter regulations to ensure the protection of tourists regarding the services included in the organized tour (Article 8 of the Directive), the authors recommend the interpretation according to which services arranged a posteriori should be considered as amendments to the contract, and therefore a constituent part of the arrangement. As to the duration of services, the authors believe that excursions should be treated as organized tours because many tourists in Croatia go on excursions, so that their level of protection would be increased in this way.
Regarding the terms "organizer" and "agent" there are certain doubts and disagreements in the Directive, the Law on Obligatory Relations and the Law on Tourism. As to the professional status, the authors believe that regulations from the Law on Tourism should be applied, according to which anyone making a tour contract should be registered as a tourist agency, taking into account the exceptions determined by the Law. Moreover, the Law on Obligatory Relations (Article 905, Entry 2) should be applied, according to which the agent is considered to be the organizer only in cases when the role of the agent is not included in the tour certificate.
Ključne riječi
tour organizer; tour agent; Directive on Package Tours; Law on Obligatory Relations; Law on Tourism
Hrčak ID:
6427
URI
Datum izdavanja:
5.12.2006.
Posjeta: 3.440 *