The Bulgarian Association of Travel Agencies – BATA received an inquiry from Szálloda.blog, a Hungarian professional publication covering tourism, hospitality and passenger transport, regarding the case of Robinson Tours EOOD.
The inquiry raises questions concerning consumer protection, the financial sustainability of tour operators, cross-border tourism activities, insolvency protection mechanisms and the need to improve the regulatory framework.
BATA has reviewed the case and has provided its professional position.
The Association categorically does not support practices or actions that may undermine the confidence of tourists, business partners and the professional tourism sector.
The case should not be considered solely from the perspective of the individual company concerned, but also as an opportunity to analyse and improve the mechanisms for tour operator registration, supervision, financial sustainability and consumer protection in cross-border tourism activities.
From: Tamás Pakuts, Journalist, Szálloda.blog
To: Bulgarian Association of Travel Agencies – BATA
Subject: Inquiry regarding the Robinson Tours EOOD case
Dear Bulgarian Association of Travel Agencies,
I am writing on behalf of Szálloda.blog, a Hungarian professional publication covering tourism, hospitality and passenger transport, regarding the case of Robinson Tours EOOD.
The collapse of the company’s Hungarian charter programme affected a significant number of Hungarian passengers and raised broader questions concerning tour operator supervision, insolvency protection and cross-border tourism activities within the European Union.
We would therefore appreciate factual information and BATA’s professional assessment of the case.
Was Robinson Tours EOOD a member of BATA, or was the company known to BATA or to any of its member companies?
Did any BATA member have a commercial relationship with Robinson Tours EOOD, for example as a hotel partner, incoming agency, travel agency, transport provider or other tourism service provider?
Before the company’s collapse, had BATA or any of its members received information concerning delayed payments, unpaid invoices, financial difficulties, disputes between business partners or other warning signs relating to Robinson Tours EOOD?
In BATA’s professional assessment, was the insolvency protection available to Robinson Tours EOOD adequate in relation to the actual scale of its activities, the number of passengers and its financial risk?
Does BATA consider the current Bulgarian legal framework sufficient to ensure that mandatory insurance or insolvency protection reflects the actual turnover and business model of the tour operator?
What is BATA’s professional view of a situation in which a company is registered as a Bulgarian tour operator but appears to conduct only limited actual tourism activity in Bulgaria, while a significant part of its sales, customer relations and operational activities are concentrated in another EU Member State?
In BATA’s view, should such a business model lead to enhanced supervision or closer cooperation between the authorities of the country of establishment and the country where the actual business activity is concentrated?
Does the Robinson Tours case indicate weaknesses in the Bulgarian system for tour operator registration, supervision or insolvency protection?
Has BATA taken any action following the collapse, including contacting the Ministry of Tourism, supervisory authorities, insurers or other relevant authorities?
Does BATA plan to propose regulatory, legislative or supervisory changes in response to the case?
We would also be particularly interested to know whether companies operating on the Bulgarian tourism market had already identified problems with Robinson Tours before the company’s collapse became public.
If any BATA members have relevant experience with the company and are willing to speak with us, we would appreciate it if our inquiry could be forwarded to them.
Any information or professional position provided will be reported accurately and in context.
Thank you very much for your cooperation.
Yours sincerely,
Tamás Pakuts
Journalist
Szálloda.blog
BATA has reviewed the case of Robinson Tours EOOD and categorically states that it does not support practices or actions that may undermine the confidence of tourists and business partners in the tourism sector.
The case is exceptional and, to the best of our knowledge, such a situation is not representative of the practice of the organised Bulgarian tourism industry over the past 10–15 years.
With regard to the questions raised, BATA provides the following information:
Question: Was Robinson Tours EOOD a member of BATA or known to the Association?
BATA’s response:
Robinson Tours EOOD was not a member of BATA and the company is not known to the Association as a member or partner.
BATA will make further inquiries among its members to establish whether any of them had professional contact with or knowledge of the company.
Question: Did any BATA members have commercial relations with Robinson Tours EOOD?
BATA’s response:
Based on the information currently available to BATA, we are not aware of any Association member having had a commercial relationship with Robinson Tours EOOD.
As this question concerns the specific experience of individual members, we will conduct an additional inquiry among them.
Question: Had BATA or its members received information concerning financial difficulties, unpaid invoices or other warning signs?
BATA’s response:
BATA had not received information concerning delayed payments, unpaid invoices, financial difficulties, disputes between business partners or other warning signs relating to Robinson Tours EOOD.
At present, we are also not aware of any reports from our members concerning such circumstances before the case became public.
We will seek additional information from BATA members, as individual companies may have specific information based on their own professional experience.
Question: Was the insolvency protection adequate in relation to the actual scale of the company’s activities?
BATA’s response:
At this stage, BATA cannot provide a definitive professional assessment on this matter, as the competent authorities are examining the case and the Association does not have access to all relevant information concerning the actual scale of the company’s activities, its financial obligations and the circumstances that led to the current situation.
It should be noted that the mandatory Tour Operator Liability Insurance provided for under Bulgarian legislation must be considered within the framework of applicable Bulgarian and European legislation.
With regard to foreign tourists, including Hungarian citizens, the applicable consumer protection mechanisms in the country where the travel product was purchased should also be considered, together with the relevant European rules governing cross-border tourism activities.
BATA’s response:
BATA believes that there is always room to improve the legal framework, particularly where practical experience demonstrates the need for stronger consumer protection and more effective supervision of tour operator activities.
For many years, BATA has raised the issue that insolvency protection should be more closely linked to the actual volume, turnover and business model of the individual tour operator.
In this regard, the Association has been working on proposals to strengthen the existing protection mechanism and to establish a Tourism Guarantee Fund, which would provide an additional mechanism of protection in situations of this nature.
Question: How does BATA assess a business model in which a company is registered as a Bulgarian tour operator but a significant part of its activities is concentrated in another EU Member State?
BATA’s response:
BATA considers that such a business model cannot in itself be regarded as unlawful when it is conducted in compliance with European and national legislation.
A company registered as a Bulgarian tour operator may conduct tourism activities in Bulgaria as well as cross-border activities in another EU Member State, provided that the applicable rules are respected.
However, where a significant part of sales, customer relations and operational activities is effectively concentrated in another Member State, BATA considers it essential to ensure clear traceability of the business activity and effective cooperation between the competent authorities of the countries in which such activity takes place.
BATA’s response:
Yes.
BATA considers that cross-border tourism activities require closer institutional cooperation between the country in which the tour operator is established and the country in which a significant part of its actual business activity is concentrated.
This is particularly important with regard to financial sustainability, consumer protection, information exchange and the ability of authorities to act when risks to tourists arise.
BATA’s response:
In BATA’s view, the case demonstrates the need for further analysis and improvement of the mechanisms for registration, supervision and insolvency protection of tour operators.
For precisely this reason, BATA has already submitted proposals for legislative amendments, including changes to the registration regime for tour operators and higher requirements for carrying out such activities.
Our position is that tour operator activities should be conducted by individuals and companies with the necessary professional experience, financial stability and genuine capacity to provide a quality and secure tourism product.
In this regard, BATA proposes higher requirements for tour operator registration, including requirements relating to professional experience and financial stability.
BATA’s response:
Yes. Following the development of the case, BATA contacted the Bulgarian Ministry of Tourism and held discussions concerning the need to improve the regulatory and institutional framework.
It is important to emphasize that Robinson Tours EOOD is not a member of BATA. Therefore, the Association cannot exercise internal control over the company or take action against it as a member.
Nevertheless, as a national professional organisation representing the interests of the tourism industry, BATA has used the case to raise with the competent institutions the broader issue of the necessary amendments to the Bulgarian Tourism Act, consumer protection and supervision of tour operator activities.
BATA’s response:
Yes.
BATA, as a professional tourism organisation with a 34-year history, continuously works to improve the regulatory environment in the tourism sector and has repeatedly submitted proposals for amendments to the Bulgarian Tourism Act.
Our key areas of focus include:
strengthening the requirements for tour operator registration;
more effective supervision and control;
improved consumer protection;
strengthening insolvency protection mechanisms;
establishing a Tourism Guarantee Fund;
more effective cooperation between institutions in cases of cross-border tourism activity.
The objective of BATA is to create a safer and more predictable environment for both Bulgarian tourists and foreign tourists choosing Bulgaria and Bulgarian tour operators.
At present, BATA does not have information indicating that companies operating on the Bulgarian tourism market were aware of problems concerning Robinson Tours before the situation became public.
Robinson Tours EOOD was not a member of BATA and, to the best of our knowledge, a significant part of the activity relevant to the present case was directed towards the market of another EU Member State.
Consequently, BATA did not have information concerning the company’s internal financial or operational situation.
At the same time, as some of the questions raised require information based on the practical experience of individual tourism companies, BATA will circulate an inquiry among its members.
The collection and verification of this information will require some time.
Should additional specific information be received that can be shared professionally and responsibly, BATA will be in a position to provide it.
The Robinson Tours case should serve as an occasion for serious analysis, rather than being viewed solely as an issue concerning one individual company.
BATA considers that the following are necessary:
Tour operator activities should be conducted by companies with the necessary professional experience, genuine operational capacity and financial sustainability.
Cross-border activities require closer cooperation between the competent authorities in the countries where the business is actually conducted.
Insolvency protection mechanisms should take into account the actual scale, turnover and business model of the tour operator.
BATA believes that the establishment of a Tourism Guarantee Fund would provide an additional mechanism for protecting tourists in serious situations involving tour operator insolvency.
The Bulgarian Association of Travel Agencies – BATA is a professional organisation with a 34-year history, consistently working to protect the professional interests of the tourism industry and to improve the regulatory environment in tourism.
Cases of this nature demonstrate the need for continuous dialogue between the tourism industry, the Ministry of Tourism and other competent institutions.
BATA will continue to raise issues concerning professionalism, financial sustainability, consumer protection and the security of tourism services before the relevant institutions.
Our objective is clear – to create a safer, more predictable and more professional tourism environment for both Bulgarian and foreign tourists.
Odysseus Spasov
Chairman
Bulgarian Association of Travel Agencies – BATA
