The Tour Operator - Commissioner or Intermediary? Cover Image

Туроператорът – комисионер или посредник?
The Tour Operator - Commissioner or Intermediary?

Author(s): Zahari Tormanov, Zlatina Karadzhova
Subject(s): Economy, Law, Constitution, Jurisprudence, Tourism, EU-Legislation
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: tour operator; tourist package; functions; commission agent; intermediary; contract
Summary/Abstract: From the point of view of Bulgarian law, the tour operator is an independent trader who organizes and carries out activities on tourist travel and subsistence and related services on the basis of contracts for tourist packages. The tour operator consolidates on a contractual basis services provided by other traders and offers them on the market in the form of tourist packages. In view of this economic scheme, the question arises as to the quality of the tour operator, whether as a commission agent or as an intermediary or in another quality. Finding an answer to this question is also the aim of our report. The report thoroughly examines the essence of travel agencies, their core functions and the additional features. It is argued that the tour operator is not a commission agent to the suppliers, nor is the intermediary between them and the traveler/tourist for the provision of the individual tourist services included in the package. We consider and argue in favor of the thesis that the tour operator is the main party to the contract for organized tourist package and it is concluded on his behalf. Finally, we can say that the Contract for tourist package is an individual type of contract to which the general contract rules may apply.