The National Association of Travel Agencies (ANAT) draws attention to a critical situation affecting both tourists and travel agencies, caused by the financial difficulties of the tour operator Cocktail Holidays, and signals the risk to which tourists are exposed due to the lack of guarantee funds requested by the industry.
"ANAT draws attention to a critical situation that affects both tourists and travel agencies, caused by the financial difficulties of the tour operator Cocktail Holidays, present on the Romanian market for over 25 years and known for its good reputation among tourists and partner agencies. Cocktail Holidays has offered complete holiday packages, charters and international stays over time, being recognized for its professionalism and quality services. It is a delicate situation that requires correct information and responsible action. ANAT emphasizes that intermediary agencies have the responsibility to promptly inform tourists about the status of reservations, but are not responsible for paying compensation or for paying for services not performed by the tour operator," ANAT representatives stated in a statement.
According to the organization, if intermediary agencies pay for services for tourists on their own initiative, these payments cannot activate the insolvency policy, this being an exclusive right of tourists.
"Agencies become creditors and can register with the creditors' table, with the recovery of amounts to be made based on the assets of the insolvent company and the type of creditor, according to the hierarchy established by law," explains ANAT.
The association has been warning since 2018, with the implementation of the European Package Travel Directive, about the lack of a real guarantee mechanism to protect tourists in the event of the insolvency of tour operators and airlines. Over the years, ANAT has made numerous official representations, requesting the authorities to create effective protection instruments, both for consumers and for the stability of the industry.
According to the cited source, last year, after multiple consultations, a concrete and functional proposal was reached: the establishment of two guarantee funds, one for travel packages and one for airline tickets, intended to ensure the full recovery of amounts paid by tourists in case of insolvency, mechanisms that take over successful European models and which were developed under the guidance of the European Association of Guarantee Funds - EGFATT.
"ANAT's management has had numerous meetings with the Ministers of Economy - Radu Oprea, Bogdan Ivan and Radu Miruţă - as well as with the teams of specialists from the ministry, and the draft laws have been finalized and submitted to the ministry since August 2024, ready for adoption. However, the Government has not considered these measures a priority, and the existing instruments - insurance and letters of guarantee - only ensure partial recovery of damages, exposing tourists and agencies to significant losses. The Romanian state is directly responsible for the lack of effective mechanisms to protect tourists in case of insolvency of tour operators and airlines. By incorrectly transposing European Directive 2015/2302, the state has failed to ensure full consumer protection, as provided for by law. Consequently, affected tourists are perfectly entitled to take legal action against the state. Romanian, which is jointly and severally liable until the 100% compensation percentage assumed by the Directive is completed. This situation reinforces the urgent need for the authorities to adopt effective measures for consumer protection and the stability of the tourism industry", claim the representatives of the association.
ANAT expects that, against the backdrop of austerity measures, the general uncertainty felt by the population, the significant decrease in purchasing power and the lack of signals regarding economic recovery, such situations will become more frequent.
"Our industry, very attentive to its reputation and strongly affected by any event that could diminish it, is making efforts to prevent such situations, but it must be emphasized that the Government does not consider tourism important, although it could quickly generate substantial income for the economy, with minimal investment. The state refuses to collaborate with specialists and create a professional body dedicated to managing the field for the benefit of Romanians and Romania," the statement added.
For tourists, ANAT recommends staying calm, being informed and checking the status of reservations before any departure. The association specifies that travel service packages fall under the responsibility of the organizer, regardless of whether they were purchased directly or through intermediaries. Intermediary agencies must promptly inform tourists about the status of the packages and the steps to be followed.
At the same time, the association's representatives say that tourists must contact the package insurer, based on the contract, to request compensation. In relation to suppliers, some services, such as airline tickets for charters with which the tour operator collaborates, can be obtained free of charge or through facilities, and intermediary agencies are asked to contact them to support tourists.
"For more than two years, ANAT has made official requests to all the ministers of the Economy and to the Tourism Committee in Parliament to adopt legislation regarding the two guarantee funds, absolutely vital for our industry. We have had numerous meetings with ministers Radu Oprea, Bogdan Ivan and Radu Miruţă, as well as with the teams in the ministry, and the draft laws have been ready since August 2024. However, none of the ministers considered it important to see things through to the end. The Romanian state is directly responsible for today's situation, because it incorrectly transposed the European directive and did not take the necessary measures for tourists to be 100% protected, as required by European law. The only functional instruments - insurance and letters of guarantee - only ensure partial recovery of damages and do not comply with the requirements of the directive," said Alin Burcea, president of ANAT, quoted in the press release.
ANAT specifies that it is closely monitoring the situation of the tour operator Cocktail Holidays and will transmit in real time all the information and procedures necessary for the protection of tourists and member agencies, including the steps for registering with the creditor's office for the recovery of amounts by intermediary agencies.
The owner of Cocktail Holidays, Dan Goicea, announced on Friday that the agency is going through a difficult period caused mainly by the degraded economic situation of the business environment, is facing a temporary financial blockage and is making every effort to recover its activity.
"We inform tourists, service providers and intermediary agencies that we are going through a difficult period caused mainly by the degraded economic situation of the business environment. We are facing a temporary financial blockage and are making all necessary efforts to restore the company's activity as soon as possible," Goicea stated.
According to it, Cocktail Holidays analyzes all collaborations with internal and external partners, in order to eliminate any potential losses.
"We check the departure situation in chronological order and send information to partner agencies regarding possible cancellations, so that tourists are informed in advance. For each reservation, we promptly announce whether the services are paid or not, so that each tourist or intermediary agency knows the exact situation," explained the owner of the travel agency.
Also, the Ministry of Economy, Digitalization, Entrepreneurship and Tourism (MEDAT) announced that it is monitoring the situation at Cocktail Holidays, being in constant contact with representatives of the travel agency.
"Representatives of the Control Directorate within MEDAT and those of the Cocktail Holidays agency are holding discussions regarding the situation reported by its partner travel agencies, requesting information regarding all ongoing travel service packages," the ministry states, in response to media requests.
According to MEDAT, no Romanian abroad on vacation is affected.
"So far, two complaints have been registered, both of which have already been resolved. Cocktail Holidays checks the departure situation in chronological order and sends information to partner agencies regarding any cancellations, so that tourists are notified in a timely manner. In parallel, the agency, together with its partners, is looking for solutions to prevent syncopes in the performance of contracted services and to prevent situations that could affect travelers," the tourism authority says.
According to the monthly declarations submitted to MEDAT by Cocktail Holidays, the ongoing travel packages are guaranteed by the two valid insurance policies. At the same time, the travel agency will transmit to the ministry the conclusions of the internal analysis.
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