Liability of the Travel Organiser for the Traveller’s Ruined Holiday
DOI:
https://doi.org/10.60131/jlaw.1.2021.3340Keywords:
Travel organiser, traveller, failed travel, improperly organised leave, compensation for non-material damage, monetary compensation, loss of enjoyment, ruined holiday.Abstract
In parallel with the development of the tourism industry, it is important to take proper care of the rights of those who apply for travel services to a travel organiser, especially in a situation when Georgia has obligation to implement EU regulations in the framework of a number of international agreements. Liability of the travel organiser for failure to perform or improper performance of the travel services is defined by Georgian legislation, however, the lack of scientific literature in the field of tourism law and case law in common courts in Georgia makes it very important to study/share an international experience. The paper focuses on the liability of the travel organiser for holiday leave spent to no avail by the traveller, where the traveller can request compensation for non-material damage for loss of the expected enjoyment of the planned leave. The study focuses on the compliance of Georgian legislation with EU directives, discusses the international experience and court precedents on the example of different countries. One of the most pressing and at the same time problematic issues in the study is the determination of compensation in money for the ruined holiday.
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