Collective Commentary about the New Package Travel Directive

CROATIA | TATJANA JOSIPOVIĆ 719 The TSA also envisages a misdemeanour fine if the organiser violates its obligations when increasing the price or amending any other contract terms 90 . The organiser will be liable for misdemeanour if it changes any contract terms (even if it has not been expressly contracted) and fails to inform the traveller in a clear and comprehensible manner, or if it, in case of rescission of the contract, does not refund all the payments made by the traveller. However, in the TSA, the civil law consequences of the violation of the organiser’s obligations, if it unilaterally changes the price, or any other main contract terms, are not expressly provided for. In such a situation, for the contractual relations between the traveller and the organiser, the provisions of general contract law set forth in the Obligations Act would apply. 3.4. Termination of the package travel contract before the start of the package Under the Croatian TSA, the right to terminate the package travel contract before the start of the package lies with both the traveller and the organiser. The right to terminate a contract is provided for in accordance with the provisions of the PTD 91 . The traveller’s right to terminate a contract before the start of the package is laid down for situations where there is an increase in price of a package by more than 10% of the total price of the package and where there is a significant change of the main features of the contract 92 . In addition, a traveller may terminate a contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances at the place of destination or its immediate vicinity, if these circumstances significantly affect the performance of the contract of the carriage of passengers to the place of destination 93 . The organiser is entitled to terminate a contract before the start of the package if fewer persons have enrolled for the package than the minimum number specified in the contract, or if the organiser is prevented from performing the contract because of some unavoidable and extraordinary circumstances 94 . 90 Art.107 para. 1, points 11-13 TSA. 91 Arts 11, 12 PTD. 92 Art. 36, para. 2 TSA. 93 Art. 37, para. 6 TSA. 94 Art. 28 TSA. By the Amendments to the Tourism Services Act (Official Gazette 42/90, in force since 8 April 2020) a new right has been introduced, allowing travellers to terminate the package travel contracts due to the exceptional circumstances caused by COVID-19 (Art. 38a). The traveller’s right to a full refund of any payment for the package is protected by a voucher issued by the organiser. To protect the organiser from insolvency, the organiser’s obligation to a full refund of all payments has been postponed for 180 days following the cessation of special circumstances.