RESPONSIBILITY OF THE ORGANIZING TRAVEL AGENCY FOR THE INADEQUATE PROVISION OF TOURIST SERVICES

Abstract

The contractual relationship that is established between a travel agency and a tourist can take the form of either a contract for the sale of travel packages or a contract of tourist services, depending on its purpose. The obligations of the travel agency that sold a package of travel services or that are obliged to provide tourist services, as well as the sanctions applicable in case of failure to fulfill the obligations assumed, are established by a recent special law, which transposes a European directive. If we consider the relatively new character of this regulation that derogates from the common law, the particularities of the tourist services and the context of assuming their provision by the intermediary tourism agency, as well as the lack of a consistent Romanian case law in this field, make it necessary to analyze the issue of civil sanctions applicable to the travel agency that does not fulfill its obligations. Our analysis will have a trilateral composition: legal, doctrinal and jurisprudential.

Keywords

• package travel contract
• tourist services
• civil sanctions
• breach of the contract