Collective Commentary about the New Package Travel Directive

722 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE to retailers, although such an option is left to Member States 104 . Travellers are obliged to inform the organiser, without undue delay, about any lack of conformity established during the performance of a travel service included in the package travel contract 105 . The organiser is primarily responsible to remedy the lack of conformity within a reasonable time limit specified by the traveller 106 . If the organiser fails to remove such lack of conformity within a reasonable time limit, the traveller can do it alone and request reimbursement of the expenses. On the other hand, if a significant portion of the travel service cannot be provided, the organiser is bound to offer an alternative package without any extra cost, and the traveller is only exceptionally allowed to refuse it. If the organiser fails to remove the lack of conformity within a reasonable time limit, and this significantly affects the performance of the contract, the traveller may terminate the contract 107 . In any case, the traveller is entitled to a price reduction and a compensation for damage sustained for the period of the lack of performance 108, 109 . Regarding price reductions, the TSA expressly provides for a limitation period of two years which starts running on the first day following the day when the package ought to have finished 110 . The Croatian legislator has not decided to prescribe a longer limitation period than the minimum one specified in the PTD 111 . The limitation period to request a price reduction in a package travel contract is thus equated with the limitation period envisaged in Croatian law for the fulfilment of a request due to material defects, including the request for a price reduction 112 . Interestingly enough, in the Croatian TSA, a limitation period of two years is not prescribed for a compensation for damage, although it ensues from the provisions of the PTD that a request for a minimum limitation period of two years refers to both price reductions and compensations for damage. It means that to a request for a compensation for damage following the violation of a contractual obligation, the limitation period referred to in the Obligations Act applies. Pursuant to the provisions of general contract law, such 104 Art. 13, para. 1 PTD. 105 Art. 40, paras 1, 2 TSA. 106 Exemptions to this rule are provided for in Art. 13, para. 3 of the PTD and in Art. 40 para. 2 of the TSA. 107 Arts 40, 41 TSA. 108 Arts 43, 44 TSA. 109 Since the TSA does not expressly provide for the types and the scope of the compensation for damages, the provisions of the Obligation Act on the types and the scope of the compensation for damage, caused by the violation of the contractual obligation, would apply in a subsidiary manner. 110 Art. 47 TSA. 111 Art. 14 para. 6 PTD. 112 Art. 422, para.1 OA.