This master's thesis examines the civil liability of the organiser of a package holiday, with particular emphasis on its contractual liability in cases where travel services are not performed in conformity with the contract. The field of package travel is primarily regulated by the Consumer Protection Act (ZVPot-1), which transposes Directive (EU) 2015/2302 on package travel and linked travel arrangements into the Slovenian legal system. Based on an analysis of legislation, as well as Slovenian and European case law, the thesis explores the legal nature of the liability of the package travel organiser and its development from the traditional fault-based model towards an objective liability regime, under which the organiser is also liable for the acts and omissions of third-party service providers. Furthermore, the thesis examines the mechanisms that balance the organiser’s broadly defined liability, in particular limitations on the amount of compensation and rights of recourse against the actual party responsible for the damage. It also analyses the various forms of legally recognised damage, with special emphasis on non-pecuniary damage resulting from the loss of enjoyment of a holiday, which represents one of the defining features of liability in the field of package travel. Particular attention is also paid to the statutory grounds for exoneration that enable the organiser to be released from liability. The thesis concludes that the modern legal framework places the organiser in the position of the principal bearer of responsibility for the proper performance of the travel package, while the possibilities for exemption from liability remain relatively limited, reflecting the strong consumer-protection purpose of the legislation.
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