98 TOURISM LAW IN EUROPE 2. LEGAL SOURCES OF TOURISM LAW The provision of services in tourism is governed by the Act on the Provision of Tourism Services (Tourism Services Act – TSA), which entered into force on 1 January 2018 and is considered to be the main legal source of tourism law in Croatia. The main legal sources of Croatian tourism law also include the Hospitality and Catering Industry Act9 of 2015 and the 2019 Act on Tourist Boards and Promotion of Croatian Tourism10. The TSA and the Hospitality and Catering Industry Act govern the services in the sector of tourism and the manner and conditions for providing such services and services in hospitality and catering industry. The TSA also provides for package travel contracts and contracts on linked travel arrangements, as well as the rights and obligations of traders and travellers stemming from those contracts. Other relevant contracts for tourism [i.e. hospitality provider’s deposit, agency travel contracts or contracts of the supply of accommodation (allotment contracts)] are governed by the general contract law provisions of the Obligations Act11,12. Timeshare contracts, long-term holiday product contracts, resale and exchange contracts are provided for in the Consumer Protection Act13,14, whose provisions are harmonised with Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts15. Moreover, Croatian tourism law is harmonised with EU law. In the first place, the tourism law is harmonised with primary EU legislation on freedom of establishment and freedom to provide services16 and with the provisions of secondary EU legislation on the freedom to provide services and the recognition of professional qualifications. Accordingly, the TSA and the Catering Industry Act are harmonised with Directive 2006/123/EC on the services in the internal market17. For the provision of tourism services, a significant harmonisation is that with Directive 2005/36/EC on the recognition of professional 9 Official Gazette NN 85/15, 121/16, 99/18, 25/19, 98/19, 32/20, 42/20. 10 Official Gazette/NN 52/19, 42/20. 11 Official Gazette/NN 35005, 41/08, 125/11, 78/15, 29/18. 12 Articles 737-743, 881-920, Obligations Act. 13 Official Gazette/NN 41/14, 10/15, 14/19. 14 Articles 95-104, Consumer Protection Act. 15 OJ L 33, 3/2/2009, pp. 10–30. 16 Articles 49-62 TFEU. 17 OJ L 376, 27/12/2006, pp. 36–68.
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