Tourism Law in Europe

11 Although such scenarios are not that rare in practice, they do not represent a significant proportion of tourism services in Slovenia. Contract on organised travel imposes an obligation on a travel organiser to organise a travel arrangement as agreed by the parties and to guarantee its proper performance. He is responsible for a timely, accurate and appropriate performance of the package and its organisation. If a traveller suffers damage due to an improper performance of the package, he may (as a rule) claim damages from his contractual partner, i.e. travel organiser, and not from his subcontractor who performed the package. A travel organiser has also several pre-contractual and contractual information duties 30 . After concluding a contract, a travel organiser shall issue a travel confirmation which is not a prerequisite for the validity of a contract but has merely an evidentiary function. A traveller may at any time withdraw from a contract. If he terminates a contract in a reasonable time before the start of the trip, he is entitled to a full reimbursement of his payment reduced by administrative costs of termination 31 . In case of an untimely termination the traveller shall pay a termination fee to the organiser. However, the traveller has the right to terminate the contract without paying any termination fee in the event of unavoidable and extraordinary circumstances. In such cases the organiser is only entitled to the costs of rendered services. Unavoidable and extraordinary circumstances entitle the organiser to terminate a contract without the obligation to pay damages. The same applies to cases where the number of persons enrolled for the trip is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination of the contract within five days before the start of the trip. In case of non-performance and poor performance a traveller is entitled to appropriate price reduction for any period during which there was lack of conformity if he notifies the organiser about it within eight days after the end of the travel. When deciding about the percent of price reduction, Slovenian courts often use the Frankfurt travel price reduction 30 Article 888 of the Obligations Code. 31 For more, see: Stojan Cigoj, Komentar obligacijskih razmerij, Vol. IV, ČZ Uradni list SRS, Ljubljana 1986, p. 2361.