Tourism Law in Europe

CROATIA | TATJANA JOSIPOVIĆ 10 1 cross-border provision of tourism services in Croatia in conformity with EU law35. The regulation of tourism contracts is based on limited/regulated private autonomy in tourism contracts under EU law36. The regulation aims 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 out-of-court settlement of disputes37. Finally, the legal regulation of the provision of tourism services is based on an administrative procedure for the approval/control of the provision of tourism services and for administrative supervision and inspection. Tourism inspectors are entitled to file motions to indict, issue or impose misdemeanour warrants or fines in case of violations of the obligations of tourism service providers laid down in the TSA. Moreover, a tourism inspector is authorised to prohibit tourist services in order to remedy any defects and irregularities38. 3. REGULATION OF THE PROVISION OF TOURISM SERVICES The Act on Provision of Tourism Services regulates the conditions for different providers, such as tourist agents, tourist guides, tourist escorts, entertainment organisers or agency representatives, providing different kinds of tourism services (art. 4). Additionally, the Act provides for specific conditions for the provision of services in special forms of tourism offers39, and there are also rules on the provision of services of renting sports and recreational equipment to tourists40. 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 [namely, artt. 5, 69(2), 3, and 79(297)(1) TSA]. For more, see article 4 of Recognition of foreign professional qualifications in the field of tourism. 36 For example, the package travel contracts, in conformity with EU law, 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) or the responsibility for the performance of the package (art. 39). 37 Article 100 TSA. 38 Articles 101-112 TSA. 39 Tourist services in special forms of tourism offers are the services in nautical tourism, health tourism, congress tourism, adventure tourism, fishing tourism, on agricultural farms, hunting tourism, rent-a-car and tourist diving services (artt. 84-96 TSA). 40 Article 97 TSA.

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