Collective Commentary about the New Package Travel Directive

CROATIA | TATJANA JOSIPOVIĆ 725 nor could it regulate a different protection of travellers than the one provided for in the Directive. This is precisely why the largest number of the provisions of the Croatian TSA have been almost literally transposed from the Directive. The protection of travellers in package travel contracts, in accordance with the TSA, is provided almost in the same way as in theDirective. Indeed, by the implementation of the Directive, the same level of protection of travellers as provided for in the Directive is ensured. The provisions of the TSA may be considered as adequate and effective means of achieving compliance with the Directive 123 . By its implementation, the Croatian legislator decided not to extend the protection of travellers even with regard to the rules where the Directive leaves this option to Member States 124 . As for the level of harmonisation, a possible problem may be the provisions of the Croatian TSA on the obligation of organisers to enter into security contracts against liability for damages 125 . The TSA also prescribes the organiser’s obligation to offer travellers insurance against accidents and illnesses during the trip, voluntary health insurance and insurance against the cancellation of a trip 126 . These are the obligations of the organiser not provided for in the PTD for whose violation misdemeanour sanctions are envisaged 127 . These obligations undoubtedly contribute to a greater travellers’ protection. The payment of damage for the lack of performance is simpler, faster and safer because a traveller receives the payment from the insurer. However, in this way the travellers’ protection is increased above the level provided for in the PTD. Regarding the obligations arising from the PTD, to ensure the penalities applicable to the infringements of the national provisions adopted pursuant to the Directive 128 , we can also say that Croatia has fulfilled its obligations from the Directive. It ensues from the TSA that Croatia, when implenting the Directive, focused on the legal regulation of the public law protection of travellers. The public law protection of the rights of travellers in a package travel contract is ensured at two levels – by misdemeanour sanctions and by inspection supervision. For any violation of obligations by the organiser, theTSAprescribesmisdemeanour 123 Art. 24 PTD. 124 For example, the extention of the responsibility for the performance of package arrangements on retailers (Art. 13, para. 1 PTD) or determination of the limitation period for the traveller’s claims against the organiser where a lack of performance lasts longer than two years (Art. 14, para. 6 PTD). 125 Art. 53 TSA. 126 Art. 54 TSA. 127 Art. 107, para. 1, points 21, 22 TSA. 128 Art. 25 PTD.