Collective Commentary about the New Package Travel Directive

CROATIA | TATJANA JOSIPOVIĆ 709 conclude a liability insurance contract for possible damages 34 . In addition, the organiser of the package travel had to be insured against insolvency (Package Travel Security). Security had to be provided for any package travel in the form of an insurance policy, cash deposit or a bank guarantee, for a price refund to the traveller if, because of bankruptcy or insolvency, the trip could not be organized, or for compensation for the travellers’ expenses to return to the place of departure if the journey was terminated for any of these reasons 35 . The organiser of the package travel was entitled to a revision of the agreed price when, following the conclusion of the contract, there was a change in the exchange rate of the contracted currency, an increase in the transportation costs, dues, taxes or fees chargeable for certain services impacting the price of the package of which the organiser did not have or could not have any knowledge. The price could be changed only if the possibility of its revision, and how the revised price was to be calculated, was expressly provided for in the contract 36 . The package travel organiser was also entitled to cancel, partially or completely, the contract if prior or during the performance of the contract, external or unforeseeable circumstances had occurred, or when it was lacking a minimum number of persons required for the organization of the package travel 37 . The travellers’ rights and obligations were also harmonised with the provisions of the old Package Travel Directive. Travellers were obliged to pay the agreed price for the package travel to the organiser. They were also liable for the damage sustained by the organiser by failing to meet the obligations arising from the contract and the provisions of the Obligations Act, and they were obliged to notify the organiser within 8 days following the end of the journey of the failure to perform any service stipulated in the contract 38 . A traveller also had the right to transfer the package travel to another person 39 and was entitled to a partial or a complete withdrawal from the contract at any time 40 . The traveller’s right to a withdrawal also existed when there was a price increase of more than 10% of the 34 Art. 892 para. 1 OA. 35 Art. 893 OA. 36 Art. 900 OA. 37 Art. 902 OA. 38 Arts 894-898 OA. 39 Art. 899 OA. 40 Art. 901.OA. The organiser’s rights in case of withdrawal depended on whether the traveller withdrew from the contract in good time before the start of the journey (timely withdrawal), or it was an untimely withdrawal (Art. 901 paras 2 and 3, OA). For more see Gorenc,V., Belanić,L., Momčinović,H., Perkušić,A., Pešutić,A., Slakoper,Z., Vukelić,M., Vukmir, B: o.c., pp.1393,1394.