Collective Commentary about the New Package Travel Directive

716 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE travel contract 70 . Such information is provided in a prescribed form containing all standard pieces of information. Consequently, the TSA expressly prescribes that Annexes to the Package Travel Directive 71 are component parts of the Act 72 and organisers and retailers are obliged to provide standard information to travellers in appropriate forms 73 . In addition, the TSA, in accordance with the Directive 74 , lays down that such information must be provided in a clear, comprehensible and prominent manner and that where information is provided in writing, it is also legible. In the TSA, the information obligations for a tourist agency mediating in the conclusion of travel package contracts, organised by an organiser not having a registered seat in the Republic of Croatia, are also expressly prescribed 75 . The tourist agency, in its promotion materials and on its web pages, must announce in what capacity it acts and what authority it possesses. In addition, the tourist agency must publish the organiser’s general contract terms and the rights and duties of both the tourist agency and the user of its services. As for the language in which information will be provided, the TSA lays down that written information must be in the Croatian language, as well as in any other language that the traveller knows and understands 76 . The obligation of providing information in the Croatian language exists also for information given to the traveller by the travel agency mediating in the conclusion of the package travel contract organised by an organiser not having a registered seat in the Republic of Croatia 77 . Special rules on the language are also envisaged for the travel package contract itself. If the organiser, the trader or retailer sell or offer packages for sale on the territory of the Republic of Croatia, the package travel contract must in all events be composed in Croatian, and possibly in another language the traveller knows and understands. Both versions are considered as equally valid 78 . For the violation of the obligation to provide information, the rules regarding the language and the rules on the mandatory content of a travel package content, the TSA lays down a misdemeanour fine 79 . However, civil law consequences of 70 Arts 29, 30 TSA. 71 Annex I and Annex II. 72 Art. 9 TSA. 73 Art. 29 paras 1, 2, 3 TSA. 74 Art. 5, para. 3 PTD. 75 Art. 29, para. 4 TSA. 76 Art. 29, para. 5 TSA. 77 Art. 29, para. 4 TSA. 78 Art. 31, paras 2, 3 TSA. 79 Art. 107, para.1, points 1-8 TSA.

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