Collective Commentary about the New Package Travel Directive

SLOVENIA | MATIJA DAMJAN AND KARMEN LUTMAN 1169 scheme is a specific solution that requires more detailed rules, which are laid down in the Decree. A guarantee scheme is defined as a set of assets that are collected for the purpose of refunding all travellers’ payments and covering the costs of travellers’ return journey in respect of the organiser’s liability. A guarantee scheme may be formed within any legal entity that becomes the holder of the guarantee scheme. If it is formed within an economic interest grouping, membership of that grouping must not be a condition for inclusion in the scheme. In any case, funds collected for the purposes of the guarantee scheme must be kept in a separate dedicated account 54 . Aguarantee scheme is funded through travel organisers’ contributions.Organisers included in the scheme pay the amounts of funds according to the types and prices of their packages, type of transport, length of the period between down payments and the start of travel and the organiser’s credit rating. Contribution to the guarantee scheme should amount to at least 1 percent and at most 10 percent of the organiser’s annual turnover 55 . An organiser who ensured the traveller’s repatriation instead of the organiser with liquidity problems is entitled to reimbursement of all incurred costs from the guarantee scheme. The holder of the guarantee scheme may then apply a recourse claim against the original organiser instead of whom the amount due was paid from the guarantee scheme 56 . 3.6. Linked Travel Arrangements The provisions of Consumer Protection Law dealing with linked travel arrangements reproduce the content of the Directive’s Chapter VI without any notable characteristic features in its implementation 57 . 3.7. General Provisions Consumer Protection Act does not contain quite as explicit provisions concerning the imperative nature of its rules on package travel as those contained in the first paragraph of Article 23 of the Directive. The latter provides that a declaration by an organiser of a package or a trader facilitating a linked travel arrangement that 54 Article 6 of the Decree on security provided by travel organisers and companies providing linked travel arrangements due to liquidity problems. 55 Article 7 of the Decree on security provided by travel organisers and companies providing linked travel arrangements due to liquidity problems. 56 Articles 10 and 11 of the Decree on security provided by travel organisers and companies providing linked travel arrangements due to liquidity problems. 57 Article 58.č of the Consumer Protection Act.