Protection of consumers - customers against the insolvency of tour operators - in EU law

Protection of consumers - customers against the insolvency of tour operators - in EU law This thesis examines the legal regulation of consumer protection in the cases of the bankruptcy of travel agencies. In the event of the insolvency of a travel agency, a problem arises as to who will ensure that the consumers are repatriated from summer resorts and their expenses for the unperformed travel services are reimbursed. This issue was first dealt with by Directive No. 90/314 on package travel. The Directive 90/314 will be analyzed in the second chapter of this paper. The Directive leaves a large margin of discretion for national legislators as to how they achieve the required consumer protection standard. However, the EU Member States must ensure that consumers recover the entire loss they have incurred due to the failure of tour operators to provide services. The Member States have come up with a number of implementation solutions - e.g. insurance of the guarantee for the case of insolvency, bank guarantee or guarantee fund of the travel operators. This implementation into national legal systems is described in the third chapter of this thesis. That chapter further introduces the Czech implementation affected in Act No. 159/1999 Coll. This Act has opted for insurance of travel agencies as the means..