Collective Commentary about the New Package Travel Directive

CROATIA | TATJANA JOSIPOVIĆ 717 the violation of the pre-contractual obligation of providing information are not specifically laid down in the TSA, or how the violation of the obligation of pre- -contractual information impacts the validity of a package travel contract and its possible termination. It is also not provided how the violation of the provisions on the language and the mandatory content of the travel package contract impact its validity. Therefore, only the provisions of general contract law laid down in the Obligations Act providing for the protection of the contractual parties in case of the violation of pre-contractual obligations or invalidity because of the lack of the essential components of the contract can apply to civil law consequences of the violation of the obligation to pre-contractual information, to the rules on the language and to the mandatory content of the travel package contract. 3.3. Changes to the package travel contract Changes to the package travel contract are provided for in the Croatian tourism law in accordance with the provisions of Chapter III of the new PTD. Like in the PTD, a possibility of changing the parties to the package travel contract is envisaged, i.e. the right of a traveller to transfer the package travel contract to another person 80 . As regards the content of package travel contracts, it is laid down that the organiser is entitled to alter the price and other package travel contract terms 81 . The rules on the alteration of contract terms in the Croatian TSA are based on the same principles as is the case in the Directive. The first principle sets forth that a unilateral change of contract terms is allowed only if in the contract, the possibility of increasing the price or changing other contract terms is expressly contracted only if all other statutory requirements have cummulatively been fulfilled 82,83 . The second principle establishes that a significant increase in price (by more than 8%) or a significant change of the main features of travel services are possible only if the traveller accepts the proposed changes 84 . The third principle establishes that the traveller, if the price is increased by more than 8% or if there is a significant change of the main features of travel services, has the right to terminate the contract without paying a termination fee and to accept 80 Art. 34 TSA. 81 Arts 35, 36 TSA. 82 Art. 35 para. 1, Art. 36, para. 1 TSA. 83 At the same time, a possibility that the contractual provision on the right of the organiser to increase the price, or alter other main terms in the package travel contract, becomes subject to control under the rules on unfair contract terms is not excluded. 84 Art. 35, para. 2, Art. 36 para. 2 TSA.