Tourism Law in Europe

16 to the interplay with other legislation, adopted in consumer protection field, came into play. The interaction between package travel regulation and the control of unfair terms according to the Unfair Contract Terms Directive (hereinafter, UCT Directive) 33 can be demonstrated through situations when contractual terms obliging consumers who cannot travel due to the COVID-19 outbreak to pay the full price to the accommodation provider are considered unfair under the UCT Directive. Also, transparency of travel booking procedures in the present context is particularly important in order to give incentives for the future travelling and ensure fair commercial practices, which are regulated by Unfair Commercial Practices Directive 34 . At the same time, significant increase of delayed and cancelled flights during the pandemic calls for a rethinking on relation between package travel regulation and Flight Regulation 35 provisions. However, the analysis of the relation between the national tourism services’ regulation and relevant consumer legislation is subject for a separate study. 4.2. Tourism services providers’ perspective Looking at the tourism system supply-side, i.e. tourism services providers’ perspective, requirements for service providers and their activities have to be analysed. The counterpart of traveller in the Law on Tourism is defined as tour organiser and travel retailer (travel agency). Additionally, the terms ‘vendor of linked tourist service arrangements’ and ‘tourist service provider’ are defined. The Law on Tourism establishes formal requirements for the activity of the tour organiser, the travel retailer, and the vendor of linked tourist service arrangement. The requirements differ depending on the activity. Firstly, what differs is the obligation to have a certificate – the tour organiser must have the certificate, the other two must submit the declaration to the supervisory institution. Secondly, the tour organiser must meet the impeccable repute requirement, but the other two do not. Thirdly, the requirements concerning the security of the obligations are applied to the tour organiser and the vendor of linked tourist service arrangement, but not to the travel retailer. And fourthly, 33 Council Directive 93/13/EEC, of 5 April 1993, on unfair terms in consumer contracts. 34 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices. 35 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004.