Collective Commentary about the New Package Travel Directive

714 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE arrangements” 53 . The system of the provisions of a package travel contract and a contract on linked travel arrangements is almost the same as in the new PTD 54 . The content of individual provisions implementing the PTD has been transposed almost literally from the Directive to satisfy the requirement of maximum harmonisation 55 . This has mostly been the case with mandatory provisions ( ius cogens ) providing for the travellers’ rights that cannot be waived 56 . The obligations from the PTD regarding enforcement and penalities 57 have been dealt with in the TSA in the provisions on administrative supervision and inspection 58 and in the provisions on misdemeanours 59 . As regards administrative cooperation, it is laid down that the central contact point for administrative cooperation is established in the Ministry of Tourism 60 . 3. LEGAL REGULATION OF THE PACKAGE TRAVEL CONTRACT IN CROATIAN LAW 3.1. General points The TSA defines a package travel contract as a travel contract on the package by which a trader is bound to provide the package travel, and the traveller is bound to pay the price specified in the contract 61 . The scope of application of the provisions in the TSA on package travel contracts and on linked travel arrangements, as well as on the contracting parties, are defined in the same way 53 Arts 26-56 TSA. The definitions from the PTD are transposed in Art. 7 TSA. The provisions by which the PTD was implemented in the TSA entered into force on 1 July 2018. 54 The provisions implementing the PTD into the TSA, on the model of the Directive, are organised in 8 chapters: Chapter I. Scope of application; Chapter II: Information obligations and content of the package travel contract; Chapter III. Changes to the package travel contract before the start of the package; Chapter IV. Performance of the package; Chapter V. Price reduction and compensation for damages; Chapter VI. Insolvency protection; Chapter VII. Linked travel arrangements; Chapter VIII. General provisions. 55 Art. 4 PTD. 56 Art. 60, para. 3 TSA. In accordance with PTD (Art. 23, para.3), it is expressly provided that the traveller is not bound by any contractual arrangement or any statement by the traveller which directly or indirectly waives or restricts the rights conferred on travellers pursuant to this Act, or aims to circumvent the application of this Act (Art. 60, para. 4 TSA). 57 Art. 24, Art. 25 PTD. 58 Art. 103 TSA. 59 Art. 107, para. 1, points 1-20, 23-25 TSA. 60 Art. 98 TSA. 61 Art. 28 TSA.