Tourism Law in Europe

10 It should be mentioned that there is no special legal framework provided for individual travellers entering into contracts with tourist service providers without the intervention of tour operators. This area of law seems rather under regulated. Tourism contracts which are not explicitly dealt with in the Obligations Code (i.e. accommodation contracts) are governed by contractual provisions and statutory rules of a contract which is most closely related to the contractual relationship at hand. Accommodation services are governed by the rules on tenancy and service agreement which are mainly of dispositive nature. In practice, the content of such contracts is mainly determined by general terms and conditions of tourist service providers. 4.2.2. Contract on organised travel A contract on organised travel is a contract concluded between a traveller and an organiser, which binds the latter to provide the traveller with a travel arrangement including transport, accommodation and other related services (i.e. rent-a-car, wellness services, concert tickets, museum tickets, rent-a-boat, daily trips). Statutory provisions dealing with this type of contract were significantly undermined when the Package Travel Directive was transposed into Slovenian law. Since the European legal framework on package travel does not apply merely to consumers but to travellers in general 29 , the contract on organised travel as contained in the Obligations Code comes into play relatively rarely. It can be used especially in cases that fall outside the scope of the Package Travel Directive: a) packages with duration of less than 24 hours where overnight accommodation is not included; b) packages offered occasionally and on a not-for-profit basis and only to a limited group of travellers; and c) packages purchased on the basis of a general agreement for the arrangement of business travel. 29 See also: Vincenzo Franceschelli and Carlos Torres, Article 3, in Carlos Torres et al. (eds.), Collective Commentary about the New Package Travel Directive , ESHTE, Estoril 2020, pp. 125 et seq ; Maria Goretti Sanches Lima, Traveller Vulnerability in the Context of Travel and Tourism Contracts, Springer, Cham 2018, p. 110; Josep Maria Bech Serrat, Consumer travel law, in Christian Twigg-Flesner (ed.), Research Handbook on EU Consumer and Contract Law , Edward Elgar Publishing, Cheltenham, Northampton, 2016, p. 362.

RkJQdWJsaXNoZXIy NzgyNzEy