Collective Commentary about the New Package Travel Directive

CROATIA | TATJANA JOSIPOVIĆ 721 amount of the agreed price 99 . After the alignment with the new PTD, a withdrawal from a travel package contract when its performance has already started is possible in accordance with the provisions of general contract law. It is possible only if there is a mutual agreement, i.e. if the parties have agreed on the possibility of withdrawal without specifying the reasons, or if they have contracted the right to terminate the contract by paying an agreed amount of forfeit money 100 . 3.6. Responsibility for the performance of the package and liability insurance The concept of the responsibility for the performance of a package travel contract as laid down in the PTD has been fully transposed into the TSA 101 . The rights and obligations of the parties in case of the lack of conformity (failure to perform or improper performance of the travel service) fully fits into the Croatian regulation of the right of a party because of non-performance of the contract 102 and the liability for material defects of the performance applied to all contracts with consideration 103 . The main characteristic of the regulation of the liability for non-performance or improper performance in Croatian general contract law is that a termination of a contract for non-fulfilment or improper performance can only take place after a party to the contract has been given a reasonable time limit for the fulfilment of a contractual obligation. The aim of such a regulation is to preserve the validity of a contract in as many situations as possible. The regulation of the liability for the lack of conformity in the TSA is also aimed at maintaining the validity of travel package contracts whenever possible. The lack of conformity in the performance of a package travel contract in Croatian law is the organiser’s responsibility. When implementing the PTD, the legislator has not opted for an extension of liability for the lack of performance 99 Former Art. 901 OA. 100 Art. 306 OA. 101 Arts 39-49 TSA. 102 Arts 360-368 OA. 103 Art. 357, para.1 OA. The liability for material defects of performance is provided for in detail in Croatian contract law within the scope of liability of the seller for material defects (Arts 400-422. OA) harmonised with the Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees ( OJ L 171, 7.7.1999, pp. 12–16). In relation to this Directive, the so-called extended harmonisation has been implemented in Croatian contract law. The provisions on the liability for material defects apply to all sales contracts regardless of the capacity in which the parties have made them (B2B, C2B, C2C sales contracts). These provisions also apply to all other contracts with consideration, including service contracts. The provisions of the OA relating to the liability of the seller for material defects in its performance apply accordingly, unless otherwise provided for in certain cases (Art. 357, para. 3 OA).