Collective Commentary about the New Package Travel Directive

CROATIA | TATJANA JOSIPOVIĆ 715 as in the PTD 62 . Compared to the PTD, the provisions on what is not considered to be a package are laid down in more detail, as well as the provisions on which tourism services the TSA provisions do not apply. These are the provisions which, within the area of application specified in the Directive, more clearly determine the scope of application of package travel contract provisions harmonised with the Directive. The purpose of these provisions of the TSA is to eliminate in practice any possible dilemmas to which travel services, the provisions of a package travel contract, harmonised with the Directive, apply. In this respect, two provisions of the Tourism Services Act are of particular importance. On the one hand, there is an express provision on when any other tourist service does not account for a significant proportion of the value of the combination of at least two different types of travel services in the package 63 . The Croatian TSA expressly provides that a significant proportion of the value of a combination of tourism services is the one that participates in the entire value by at least 25% 64 . On the other hand, the provisions on when the provisions of package travel contracts do not apply are provided for in more detail. Beside the exemptions referred to in the PTD 65 , excursions are also expressly excluded 66 , although these are tourism services that can be subsumed under an exemption expressly provided for in the Directive 67 . An excursion is defined as a combination of at least two individual services for the needs of the same trip or vacation, consisting of transportation, or other tourism and catering services, not lasting longer than 24 hours and excluding an overnight stay 68 . 3.2. Information obligations and mandatory content of the package travel contract The organiser’s or retailer’s pre-contractual information obligations are laid down in theTSA in such a way that, in accordance with the pre-contractual information in the PTD 69 , it is expressly provided that all the information relevant for the package must be given to the traveller and it is an integral part of the package 62 Art. 3, points 2, 3, 6, 7, 8. PTD. Comp. Art. 7, points 1, 2, 3, 5, 6, 7, 8. TSA. 63 Art. 3 point 2 PTD. 64 Art. 8, para. 1 TSA. 65 Art. 2, para. 1 PTD. 66 Art. 27, point 1 TSA. 67 Compare, for example, Art. 2, para. 2, point (2). 68 Art. 7, point 19. 69 Arts 5, 6 PTD.