Съдебна практика

  • Данни за случая
    • Национален идентификатор: Supreme administrative Court, Judgement 12285/2021
    • Държава-членка: България
    • Общоприето наименование:N/A
    • Вид решение: Решение на върховния съд
    • Дата на решението: 01/12/2021
    • Съд: Върховен административен съд
    • Заглавие:
    • Ищец:
    • Ответник:
    • Ключови думи: package travel, travel organizer
  • Членове от директивата
    Package Travel Directive, Article 3, 2.
  • Уводна бележка

    The provision of tourist services, hotel accommodation and meals based on Ultra All Inclusive, where the price of meals is calculated separately, offered in different versions and represents a significant share of the value of combined services, is a tourist package and the trader who offers it is a tour operator, not a travel agent.

  • Факти

    The Chairman of the Consumer Protection Commission has issued an order imposing a coercive administrative measure "suspension of activity" on a trader who is registered as a tour operator, but is not registered as a travel agency for mediating the provision of tourist services, expressed in hotel accommodation and meals based on Ultra All Inclusive. The trader appealed against the order, claiming that the hotel accommodation and meals on the basis of Ultra All Inclusive are two separate tourist services and their combination is a tourist package, which he forms and offers as a tour operator.

  • Правен въпрос

    Is the hotel accommodation, combined with meals based on Ultra All-Inclusive a tourist package and if so, under what conditions?

  • Решение

    The Supreme Administrative Court considers that hotel accommodation and meals on the basis of Ultra All Inclusive are two separate tourist services, as the cost of accommodation and the cost of meals are presented separately in the booking form, and meals are available in different versions. The Court also notes that the cost of food represents a significant proportion of the value of the combination of services offered. In this situation, the combination of the two services constitutes a travel package and the trader offering them to consumers acts as a tour operator and not as a travel agent.

    As the trader has a proper registration as a tour operator, there is no reason to impose a coercive administrative measure on him for not registering as a travel agent, as it is not established that he has carried out a travel agency activity.

    URL: http://www.sac.government.bg/court22.nsf/d038edcf49190344c2256b7600367606/f5c7f710dc153d95c225879c002d7b7a?OpenDocument

    Пълен текст: Пълен текст

  • Свързани случаи

    Няма налични резултати

  • Правна литература

    Няма налични резултати

  • Резултат

    The Supreme Administrative Court upheld the decision of the first-instance Administrative Court in Sofia District, revoking the order of the Chairman of the Consumer Protection Commission.