Tourism Law in Europe

12 table 32 . Nevertheless, the traveller is also entitled to receive appropriate compensation from the organiser for any damage he sustains as a result of any lack of conformity. 4.2.3. Agency contract on tourist services Agency contract on tourist services is concluded between a traveller and an agent. It creates a fiduciary relationship between them and imposes a duty on an agent to bind a traveller to later contracts concluded between the agent and tourist service providers. The agent acts in the name of and on behalf of the traveller (direct representation). 33 A contract concluded between the agent and the tourist service provider in the name of and on behalf of the traveller is binding for the traveller. Agency contract on tourist services is always concluded for consideration. The agent’s task is to provide the traveller with a package travel (organised by another) or to provide him with other tourist services and not to organise the travel by himself. Different from intermediary travel contract of the UNIDROIT International Convention on Travel Contracts, where travel agent can represent either the traveller or the tourist service provider, travel agent only acts on behalf of the traveller under the Slovenian law. It should be noted that after the adoption of the new Package Travel Directive, agency contract on tourist services as contained in the Obligations Code became – at least to a certain extent – superfluous, since the Directive had also addressed the legal position of travel agents. The Directive uses the expression of “retailers” and defines them as “traders other than the organiser who sell or offer for sale packages combined by an organiser” 34 . Despite the possibility given by the Directive to maintain or introduce national legislation under which the retailer was also responsible for the performance of the package, the Slovenian legislator did not decide to take this opportunity. Thus, according to the Slovenian law, travel agent is not responsible for the performance of the package (or other tourist services). 32 See, for instance, the decisions of the Higher Court of Ljubljana III Cp 957/2015 of 22 April 2015, No. 9; and III Cp 3307/2015 of 16 December 2015, No. 15. 33 Stojan Cigoj, Komentar obligacijskih razmerij, Vol. IV, ČZ Uradni list SRS, Ljubljana 1986, p. 2368. 34 Article 3(9) of the Package Travel Directive.