Tourism Law in Europe

10 education for the provision of tourism services 34 , regulation of the conditions for cross- border provision of tourism services in Croatia in conformity with EU law 35 . The regulation of tourism contracts is based on limited/regulated private autonomy in tourism contracts in accordance with EU law 36 . The aim of the regulation is to protect the consumers in tourism consumers’ contracts. The TSA also provides for specific remedies in the protection of the parties to tourist contracts, as well as in mediation and in out-of-court settlement of disputes 37 . Finally, the legal regulation of the provision of tourism services is based on an administrative procedure for approval/control of the provision of tourism services and for administrative supervision and inspection. Tourism inspectors are entitled to file motions to indict, to issue misdemeanour warrants or impose misdemeanour fines in case of violations of the obligations of tourism service providers laid down in the TSA. A tourism inspector is authorised to prohibit the provision of tourist services, order to remedy any defects and irregularities and/or to impose a misdemeanour fine 38 . 3. Regulation of the Provision of Tourism Services The Act on Provision of Tourism Services (art. 4) regulates the conditions for the provision of different kinds of tourism services provided by different providers, such as the services of tourist agencies, tourist guides, tourist escorts, entertainment organisers, agency 34 In articles 69-97, the TSA provides for a large number of tourism services as regulated professions and prescribes the requirements regarding education and the certification exam as the conditions for the provision of services (i.e. for tourist guides, tourist escorts, agency representatives). For more, see article 3 of Regulation of the provision of services in tourism. 35 The requirements for a cross-border provision of tourism services are regulated in conformity with EU law on the freedom to provide services, the freedom of establishment and the rights involving the recognition of qualifications [artt. 5, 69(2), 3, 79(297)(1) et al. TSA]. For more see 4. Recognition of foreign professional qualifications in the field of tourism. 36 For example, package travel contracts, in conformity with EU law, is provided for in the TSA by numerous mandatory rules regarding the binding character of pre-contractual information (art. 30), the obligatory content of package travel contracts (art. 32), the reasons for a modification of the package price and other conditions (artt. 35 and 36), the right to terminate the contract (artt. 37 and 38), the responsibility for the performance of the package (art. 39), and the like. 37 Article 100 TSA. 38 Articles 101-112 TSA.

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