624 TOURISM LAW IN EUROPE the parties or if it follows from the circumstances of the particular case that they wanted their application [Art. 1(2) of Special Customs]. In case general or special usage or other trade practices and customs are contrary to the dispositional norms of the Law on Obligations, the provisions of the Law shall apply, unless the parties have expressly stipulated the application of usage, or other trade practices and customs (Art. 1107 of the Law on Obligations). Acquis communautaire: Within the EU, a number of legal acts are adopted that are directly or indirectly related to tourism. Among the acts that are directly related to tourism, the Directive 2015/2302/EU on package travel and linked travel arrangements stands out (OJ L 326, 11.12.2015), which replaced Directive 90/314/EC on package travel, package holidays and package tours (OJ L 158, 23/06/1990), as well as Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products resale and exchange contracts (OJ L 33, 3.2.2009). 4. CONCLUSION From historical and comparative law perspective, the emergence, development and legal regulation of tourism (tourist activities) greatly depends on the degree of development and organisation of certain society. Contemporary tourism and hospitality rules in Serbia, have their roots in Tsar Stefan Dušan’s Code adopted in 1349 (which introduced mandatory provisions governing innkeeper’s depository -depositum de iure), and Serbian Civil Code adopted in 1844 (which predicted strict liability of the barkeepers, innkeepers, boatmen, carriers and ferrymen for the things of guests or passengers entrusted to them. These rules, which were modeled under the influence of the Roman Edict nautae, caupones, stabularii, are still the basis of hotelkeepers’ liability in the most European States and other countries that have adopted the Civilian Legal Tradition. Gradual development of tourism and hospitality-related legislation in Serbia, continued in the period before WWI, between WWI and WWII, and after WWII, with the adoption of the specific status and contract law rules. Until the 1970s, tourist contracts were almost not legally regulated, which left the room for different abuses and violations of the rights of tourism service users. At, the national level, this legal gap was eliminated by the adoption of the Law on Obligations in 1978, which regulated package travel contract and intermediary travel contract under the influence of International Convention on Travel Contracts (1970).
RkJQdWJsaXNoZXIy MTE4NzM5Nw==