Original scientific paper
https://doi.org/10.21857/90836cwq3y
The Application of the Act on the Provision of Tourism Services – What is New for the Providers and Users of Package Travel and Linked Travel Arrangements
Jasenko Marin
orcid.org/0000-0002-6050-6981
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Abstract
Directive (EU) 2015/2302 on package travel and linked travel arrangements (2015 Directive), repealing the former Directive 90/314/EC, has been transposed to Croatian legislation by the 2017 Act on the Provision of Tourism Services (APTS). In accordance with the rules of the 2015 Directive, provisions of the APTS dealing with above-mentioned tourism services are applicable from 1 July 2018. By implementing the 2015 Directive, the APTS has introduced significant changes to Croatian legislation by adding a new service – linked travel arrangement. Furthermore, the APTS has regulated the package travel contract in a new and more detailed manner compared to the formerly applicable legislation (Obligations Act, Art. 881 – 903). This paper is an in-depth scientific analysis of all the important topics related to package travel and linked travel arrangements, including the explanation (with practical examples) of the new and comprehensive definitions thereof. Special attention has been devoted to the package travel contract. Hence, the paper contains elaboration on the rights
and obligations of the contracting parties, essential elements of the contract, rights of the parties to amend the contract, rights of the traveller to terminate the contract, liability of the package organiser, etc. The relationship between relevant sources of transportation law and the stipulations of the APTS regarding travellers’ rights is also examined. The subject matter of this paper is of major importance for transportation undertakings too, since it has already been established by the practice of the European Court of Justice (in relation to the former 1990 Directive), and now expressly confirmed in the 2015 Directive, that passenger cruising represents a type of package travel service. Furthermore, depending on the characteristics of their business activities, individual professional passenger carriers may also be regarded as package organisers or providers of linked travel arrangement in the light of the APTS. In such cases, provisions of the APTS may be applicable to their rights and obligations as well. A separate chapter of the paper deals with the role of various types of compulsory and voluntary insurance (regulated by the APTS). While covering the professional risks faced by the package organisers, these types of insurance also strengthen the rights of travellers.
Keywords
package travel; linked travel arrangement; Directive (EU) 2015/2302; Directive 90/314/EEC; Act on the Provision of Tourism Services
Hrčak ID:
222261
URI
Publication date:
28.6.2019.
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