GUARANTEEING THE TOURIST AGAINST THE INSOLVENCY OF THE ORGANIZING TRAVEL AGENCY; QUO VADIS?
GUARANTEEING THE TOURIST AGAINST THE INSOLVENCY OF THE ORGANIZING TRAVEL AGENCY; QUO VADIS?

Summary/Abstract: One of the aspects concerning tourist services at the level of the European Union is the system of providing tourists with cover against the risk of default of the amounts paid by them to the organizing tourism agency or risk of their non-repatriation, if the travel agency goes into insolvency and the contracted services are not provided. Regulated at European level by Directive (EU) 2.302/2015, after a sinuous road this aspect was regulated also at national level. Initially it was amended and completed G.O. no. 107/1990, by G.O. no. 26/2017, approved by Law no. 277/2017, and later G.O. no. 107/1990 was repealed by G.O. no. 2/2018 which transposes the provisions of the Directive (EU) 2.302/2015. Guaranteeing the tourists against the insolvency of the organizing tourism agency has experienced a first regulation curtailed in G.O. no. 26/2017, regulation which was not applicable and is currently abrogated, but which for the first time at national level created a system for guaranteeing the tourist against the insolvency of the organizing tourism agency. The guarantee was ensured only through the system of guarantee fund administered by the National Credit Guarantee Fund for Small and Medium Enterprises. The system thus created attracted criticisms from the National Association of Tourism Agencies and was abandoned and the ordinance regulating it was abrogated with the entry into force of G.O. no. 2/2018 transposing Directive (EU) 2.302/2015. Basically, the organizing travel agencies established in Romania have the obligation to provide guarantees for the repayment of all payments made by or on behalf of the passengers, insofar as the relevant services are not provided as a result of the insolvency of the organizing tourism agency. These guarantees may be: bank guarantee letters, insurance policies, travel insurance guarantee fund or other legally established guarantee instruments and may operate in a distinct or associated manner, so the guaranteeing options are not limited.

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