ОДГОВОРНОСТ ОРГАНИЗАТОРА ТУРИСТИЧКОГ ПУТОВАЊА ЗА НЕСАОБРАЗНУ УСЛУГУ

Jovičić, Katarina (2015) ОДГОВОРНОСТ ОРГАНИЗАТОРА ТУРИСТИЧКОГ ПУТОВАЊА ЗА НЕСАОБРАЗНУ УСЛУГУ. Evropsko zakonodavstvo, 14 (54). pp. 112-124. ISSN 1451-3188

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Abstract

This paper considers the issue of consumer protection in the contract of package travel in the European Union and the Republic of Serbia. In the beginning, it is indicated that the consumer protection in this contract in the European consumer Law regulates Directive 90/314/EEC, which has been overcome due to the fact that a large number of contracts of package travel which are concluded today is out of the scope of its application, but also because of insufficiently precise and incomplete rules on liability for the non conforming services. The need to overcome these shortcomings, which have a negative impact on consumer protection, has been observed a long time ago and the process of adoption of the new rules is in progress. Namely, a proposal for a new Directive, which governs the rights of consumers in package travel and assisted travel arrangements, is in a regular legislative procedure and should be adopted soon. The solutions and objectives of that Proposal, as well as of the current Directive 90/314/EEC are presented and analyzed in the paper. After that, their importance for the Republic of Serbia in the context of the current state of consumer protection in the Consumer Protection Act is considered, as well as in the context of obligations to harmonize the national legislation with the EU’s. The rules of the Consumer Protection Act are harmonized not only with Directive 90/314/EEC, but also with the Proposal for a Directive of the European Parliament and of the Council on Package Travel and Assisted Travel Arrangements. Moreover, they are compatible with the rules of the contract of package travel, which regulates the Draft Civil Code of the Republic of Serbia. That proves that the Republic of Serbia, in this matter, has timely taken the measures for the harmonization of its law with the EU law.

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