608 TOURISM LAW IN EUROPE 1. INTRODUCTION From the chronological perspective, if we consider tourism in modern sense as a product of modern time2, Tourism Law is necessity of the modern time. Tourism Law is, therefore, relatively young legal discipline, containing specific private and public norms which are still in statu nascendi. These specific rules have been formed gradually over the period of time, from the ancient to a modern time. At first, due to the lack of tourist activity, there were no specific rules that would regulate the relationship between providers and users of tourist services, but the general rules of the civil law applied instead. Increase in the number of users of tourist services and their subordination in relation to the economic entities – service providers (development of tourism industry led to the appearance of the various entities, such as travel agencies, specialised in conducting tourist activities), imposed the need for the stronger legal protection of tourists, both during the journey and in the place of temporary residence3. With that aim, states took over the initiative not only to regulate the mutual relations between business entities and the users of their services (by laying down rules on liability for the proper performance of the contract, the rules on the safety of passengers and their luggage and so on), but also to define the legal framework and conditions for conducting these activities (systems of licenses, registrations and approvals), and, finally, to adopt rules which would ensure compliance with professional duties and other standards4. In Serbia, Tourism Law is used as a generic term to define a branch of law regulating legal status of tourism and hospitality operators (service providers) and legal relations they are entering into mutually, with third persons and with tourism and hospitality service users (i.e. mutual legal relations between travel agent and suppliers, legal relations between travel agents and third persons such as insurance companies, as well as legal relations between tourism and hospitality service providers and users)5. There are several remarks that can be pointed out in relation to this definition. First, the term Tourism Law indicates that it is a branch of law that regulates legal status and legal relations in tourism and hospitality sector and contains norms that differ from the general commercial law norms. Apart from Tourism Law, other terms have been used in Serbian legal doctrine to denote this field of 2 Franceschelli, V., Causa and Consideration in Tourism Contracts in the Frame of the EU 2015/2302 Directive, in: Franceschelli, V., Morandi, F., Torres, C., (Ed.), The New Package Travel Directive, ESHTE/INATEL, Estoril/Lisbon, 2017, p. 24. 3 Dragašević, M., Ugovori u turizmu [Contracts in tourism], Univerzitetska riječ, Nikšić, 1990, p. 10. 4 Ibidem. 5 Vujisić, D., Mićović, A., Turističko pravo [Tourism Law], Vrnjačka Banja, 2nd ed., 2017, p. 13.
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