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Protection of travellers in the event of the travel agency’s insolvency. Regarding the bankruptcy of the Thomas Cook group
 
     
     Protection of travellers in the event of the travel agency’s insolvency. Regarding the bankruptcy of the Thomas Cook group
     Protección de los viajeros en caso de insolvencia de las agencias de viaje. A propósito del concurso del grupo Thomas Cook


Autor(es):
Benavides Velasco, Patricia


Periódico: Journal of Tourism and Heritage Research

Fonte: Journal of Tourism and Heritage Research; Vol 3 No 3 (2020): Journal of Tourism and Heritage Research; 79-101

Palavras-chave:


Resumo: This paper analyses the legal protection of passengers in the event that the travel agency with whom they have contracted is declared insolvent. Recently, a relevant international travel agency has declared its bankruptcy. As a result of it, travellers had to face several problems: new payments to the hosting companies, the need to acquire new tickets to return to their home addresses, the loss of holidays, moral damages, and so on. In the scope of the business-to-business relationships, this situation has caused that some of its subsidiaries have also entered into a situation of insolvency. The same consequences of a situation of insolvency have also been suffered by other companies in the tourist accommodation sector. The airline under the same denomination has also lost its flight operating license. In this paper we consider the duty of travel agencies to provide guarantees to face the company’s insolvency, so as the passenger’s rights to a free of charge repatriation, to get an eventual compensation of the damages they have suffered and other rights that they may exercise. The insolvency situation of Thomas Cook has injured thousands of travellers that deserve an adequate protection in the event of a situation of business failure.