Tourism Law in Europe

ALBANIA | NADA DOLLANI, XHON SKËNDERI, ARMELA MAXHELAKU 45 no. 65/2009 “On Travel Package Contracts”, which enclose meticulous provisions on tourist packages forged according to Directive 90/314 by using the minimum harmonisation requirements. This legal framework in some cases provides a wider protection for the Albanian consumers compared to the protection provided by the Directive, as it actually defines nineteen elements that should be contained in the travel package contract, while the Directive defines only eleven. However, it should be noted that Directive 90/314 ceased to have legal effects of its implementation on 1 July 2018, after being repealed by Directive 2015/2302, of 25 November 2015, which entered into force in EU member states that from July 1, 2018. Referring to the regulatory framework in force in the Republic of Albania, in addition to LCP and DCM 65/2009, some legal regulations for travel packages are also provided by Law no. 93/2015 “On Tourism”, which is partialy harmonised with Directive 90/314 and provides a more contemporary definition of the travel package according to the model of the new Directive 2015/2302. The purpose of the LCP, the by-law and the law on tourism, as well as the Directive, is to guarantee a protection of the consumer by enabling the latter to make a well-informed decision in favor of his own economic interests. Legal provisions are envisaged to protect consumers and avoid market failure. They regulate customer information, both in the pre-contractual and in the post-contract phase. Various aspects of the contractual terms entered into between the travel organisers, the travel agent and the consumer are also regulated. Of particular importance are the rules for the objective professional responsibility of service providers in case of non-fulfillment or incomplete execution of services for the customer. Consumers are also given financial protection in case of bankruptcy of the organiser or travel agent. 4.3.2. Timeshare contracts Albania has ensured full transposition of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 “On the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts”. This directive is transposed into the domestic legal corpus, through articles 42 and 43 of the Law no. 9902, of 17 April 2008 “On consumer protection” as amended and Decision of Council of Ministers no. 652,

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