Tourism Law in Europe

13 and Linked Travel Arrangements Directive 26 (hereinafter referred to as Travel Directive), namely the widest scope of protection is provided in case of package travel. The rules on package travel contracts are focused on the protection of tourist, as a weaker party to the contract and are established in the Civil Code and the Law on Tourism. It is worth mentioning that a major part of the rules is found in the Civil Code, which inter alia include: the concept of the package travel contract; pre-contractual information requirements; content of the package travel contract and duty of disclosure; right to alter contract terms; right of withdrawal and termination of the contract; damage compensation; insolvency protection, etc. Whereas the Law on Tourism only defines the elements, necessary in order to qualify a contract as a package travel contract, includes several rules on ways and means of providing information, together making further references to the above-mentioned norms of the Civil Code. Such a decision of the national legislator could seem acceptable and logical, especially having in mind that general norms, applicable to tourism services, as well as rules on consumer contracts, are also included in the separate chapters of the Civil Code (accordingly Chapter XXXV and Chapter XVIII¹). However, it is hard to find a reasonable explanation why rules on linked travel arrangements are provided solely by the Law on Tourism, but not by the Civil Code. This separation of package travel contract from the linked services arrangements’ legal regulation might impede the application of national norms in consistency with the regime, established by the Travel Directive. Together it should be mentioned that in case of package travel contracts (but, for some reason, not linked travel service arrangements) both the Civil Code and the Law on Tourism refer to the standard terms, which are approved by institution, authorised by the Government. As the market surveillance and control of the tourism services belongs to the State Consumer Rights Protection Authority, standard terms and conditions of the package travel contract are approved by this institution 27 . Such approval of standard terms is an 26 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC. 27 Order of Director of the State Consumer Rights Protection Authority of 11 February 2019, No. 1-57 "On Approval of Standard Terms and Conditions of Package Travel Agreement". It should be noted, that earlier it was the decision of the Department of Tourism.