The National Association of Travel Agencies (ANAT) warns that the effects of applying sanctions representing percentages of a travel agency’s turnover will be disastrous for the travel industry and the Romanian business environment. This comes after the National Authority for Consumer Protection (ANPC) launched for public debate a draft normative act that modifies and completes the legislation in force in the field of consumer protection.
According to the draft Emergency Ordinance (OUG), ANPC inspectors can fine companies 2-4% of the previous year’s turnover if they are found guilty of unfair, misleading, or aggressive commercial practices towards consumers.
This is ANPC’s second attempt to modify the level of fines, after a similar project passed tacitly through the Chamber of Deputies in 2016, which provided for sanctions of up to 10% of the total turnover achieved in the financial year prior to the deed, committed intentionally or through negligence.
The project, also contested by ANAT at that time, had received negative opinions from the Economic and Social Council and the Committee for Labor and Social Protection of the Chamber of Deputies.
Romanian travel agencies selling packages from foreign tour operators are even more vulnerable. According to OG 2/2018, which transposes Directive 2302/2015 on package travel and linked travel arrangements, they are responsible for the services included in those packages, even though they have no direct control over the provision of these services.
Source: Wall-Street
Frequently Asked Questions
What are the proposed fines for travel agencies?
The draft law proposes fines ranging from 2% to 4% of the previous year’s turnover for unfair or misleading commercial practices.
Why is ANAT opposing these sanctions?
ANAT argues that turnover-based fines would be disastrous for the industry, especially since agencies are often held liable for services provided by third parties.
What legal framework governs these responsibilities?
The responsibility of travel agencies is governed by OG 2/2018, which transposes EU Directive 2302/2015 regarding package travel services.