|Opis:||The master's thesis deals with the issue of the legal position of the passenger in the event of flight cancellation due to the bankruptcy of the airline. When planning a trip, the passenger enters into various contractual relations as a weaker contracting party, which, unlike large companies, is professionally and informationally unsupported. Slovenian legislation largely follows EU legislation and protects the passenger in the event of a flight cancellation due to the bankruptcy of the airline. Such protection reflects in individual institutes, such as various insurance systems, refund systems, organization of alternative flight options, as well as liability of tourism providers and liability for the selection of third parties etc. Even so, certain fields where advanced protection of the passenger is neccesary, still remain.
The legal status of a passenger in the event of a flight being canceled due to the bankruptcy of the airline depends on the manner in which the passenger enters into a legal transaction involving the air transport service and with whom. Basically, there are three ways or options to buy an airplane ticket. The passenger can buy the ticket directly from the airline and if bankruptcy proceedings have commenced upon the airline, the provisions of insolvency law that protect the passenger as a creditor in the bankruptcy proceedings must be taken into account, in addition to other options, such as immediate refund or organization of a replacement flight. However, the passenger may decide to enter into a contract regarding the organization of the trip, where the tour operator concludes a legal transaction with the airline, which acts as a provider of air transport services according to the contract. Here, the rules are slightly different, as the burden of liability for any non-performance of the airline often burdens the travel organizer. In this case, the passenger has an easier path towards getting a refund or an alternate flight, as in cases where the passenger will conclude a legal transaction directly with the airline, where most often his claim - the refund of the price for the ticket of the cancelled flight - must be claimed in bankruptcy proceedings, if they have been initiated against the airline. Insolvency legislation protects the passenger to the extent that the legal position of all creditors is the same, which means that it is not possible for the other creditors to be repaid before the passenger and in full, so that only the passenger would remain without repayment or would be repaid later.
Many times, however, the traveler is unaware of the current situation in the market of tourist services, so he decides to enter into an contract for travel purposes with travel agency. The travel agency concludes a legal transaction in the name and on behalf of the passenger with the travel organizer or directly with the airline. The legal regulation imposes agency's liability for the selection of a third party, which provides the passenger with the protection in the event of bankruptcy of the airline, if the agency had not been careful in his or its selection and had not checked all circumstances that could affect the flight with due dilligence. Even if the passenger requests the conclusion of a legal transaction with a specific airline, the agency is obliged to warn the passenger of any deficiencies or circumstances that could affect the performance of the flight.|