IDEAS home Printed from https://ideas.repec.org/a/kap/jcopol/v36y2013i4p425-442.html
   My bibliography  Save this article

Security Mechanisms for Insolvencies in the Package Travel Sector: an Economic Analysis

Author

Listed:
  • Michael Faure
  • Franziska Weber

Abstract

Company insolvencies can lead to potential financial losses for consumers. Insolvency can clearly also create a severe problem for consumers who are disappointed because the travel that they were anticipating cannot take place or has to be interrupted. Insolvency may create a negative image for the entire travel sector as well; as a result, the sector itself has developed a variety of guarantee mechanisms. Moreover, governments in some legal systems have also intervened to guarantee compensation to consumers who are confronted with an insolvent travel company. The mechanisms in this respect are quite divergent. In addition, this phenomenon of providing security in the case of insolvency in the package travel sector has not yet been analysed from an economic perspective. Nevertheless, these mechanisms pose interesting questions from an economic viewpoint, inter alia with respect to the rationale for creating such a mechanism, but also related to the issue of whether either the sector itself or the government should organise a security mechanism. The goal of this paper is therefore to examine mechanisms geared to ensure financial compensation to consumers in instances of insolvencies in the package travel sector. A law and economics approach will be used to critically review these security mechanisms. In this ambit, the different mechanisms opted for in the UK, The Netherlands, and Sweden will be displayed and analysed. Copyright Springer Science+Business Media New York 2013

Suggested Citation

  • Michael Faure & Franziska Weber, 2013. "Security Mechanisms for Insolvencies in the Package Travel Sector: an Economic Analysis," Journal of Consumer Policy, Springer, vol. 36(4), pages 425-442, December.
  • Handle: RePEc:kap:jcopol:v:36:y:2013:i:4:p:425-442
    DOI: 10.1007/s10603-013-9222-4
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1007/s10603-013-9222-4
    Download Restriction: Access to full text is restricted to subscribers.

    File URL: https://libkey.io/10.1007/s10603-013-9222-4?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Michael G Faure, 2006. "Economic Criteria for Compulsory Insurance*," The Geneva Papers on Risk and Insurance - Issues and Practice, Palgrave Macmillan;The Geneva Association, vol. 31(1), pages 149-168, January.
    2. Jost, Peter-J., 1996. "Limited liability and the requirement to purchase insurance," International Review of Law and Economics, Elsevier, vol. 16(2), pages 259-276, June.
    3. Hans-W. Micklitz, 2004. "The Principles of European Contract Law and the Protection of the Weaker Party," Journal of Consumer Policy, Springer, vol. 27(3), pages 339-356, September.
    4. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    5. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    6. Shavell, S., 1986. "The judgment proof problem," International Review of Law and Economics, Elsevier, vol. 6(1), pages 45-58, June.
    7. Steven Shavell, 1979. "On Moral Hazard and Insurance," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 93(4), pages 541-562.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Ján Derco, 2022. "The Impacts of the COVID-19 Pandemic on the Tour Operator Market—The Case of Slovakia," JRFM, MDPI, vol. 15(10), pages 1-8, October.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Gérard Mondello, 2013. "Ambiguous Beliefs on Damages and Civil Liability Theories"," Post-Print halshs-00929948, HAL.
    2. Mattiacci, Giuseppe Dari & Parisi, Francesco, 2003. "The cost of delegated control: vicarious liability, secondary liability and mandatory insurance," International Review of Law and Economics, Elsevier, vol. 23(4), pages 453-475, December.
    3. Steven Shavell, 2005. "Liability for Accidents," NBER Working Papers 11781, National Bureau of Economic Research, Inc.
    4. Gérard Mondello, 2015. "Civil liability, Knight's UnCertainty and non-diCtatorial regUlator Documents de travail GREDEG GREDEG Working Papers Series," Working Papers hal-01251437, HAL.
    5. Steven Shavell, 2003. "Economic Analysis of Accident Law," NBER Working Papers 9483, National Bureau of Economic Research, Inc.
    6. Beck, Thorsten & Demirguc-Kunt, Asli & Levine, Ross, 2006. "Bank supervision and corruption in lending," Journal of Monetary Economics, Elsevier, vol. 53(8), pages 2131-2163, November.
    7. Li, Xi, 2014. "The Sarbanes–Oxley act and cross-listed foreign private issuers," Journal of Accounting and Economics, Elsevier, vol. 58(1), pages 21-40.
    8. Vasiliki Bageri & Yannis Katsoulacos & Giancarlo Spagnolo, 2013. "The Distortive Effects of Antitrust Fines Based on Revenue," Economic Journal, Royal Economic Society, vol. 123(11), pages 545-557, November.
    9. Gérard Mondello & Evens Salies, 2016. "Tort law under oligopolistic competition," Sciences Po publications 2016-29, Sciences Po.
    10. Jean-Baptiste Fleury & Alain Marciano, 2022. "Methodological Individualism and the Foundations of the "Law and Economics" movement," Post-Print hal-03820441, HAL.
    11. Marc Lipsitch & Nicholas G. Evans & Owen Cotton‐Barratt, 2017. "Underprotection of Unpredictable Statistical Lives Compared to Predictable Ones," Risk Analysis, John Wiley & Sons, vol. 37(5), pages 893-904, May.
    12. Thomas J. Miceli, 2013. "Collective Responsibility," Working papers 2013-23, University of Connecticut, Department of Economics.
    13. Hotte, Louis & McFerrin, Randy & Wills, Douglas, 2013. "On the dual nature of weak property rights," Resource and Energy Economics, Elsevier, vol. 35(4), pages 659-678.
    14. Martin Gelter & Kristoffel Grechenig, 2014. "History of Law and Economics," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2014_05, Max Planck Institute for Research on Collective Goods.
    15. Rafael La Porta & Florencio Lopez‐De‐Silanes & Andrei Shleifer, 2006. "What Works in Securities Laws?," Journal of Finance, American Finance Association, vol. 61(1), pages 1-32, February.
    16. Joshua Schwartzstein & Andrei Shleifer, 2013. "An Activity-Generating Theory of Regulation," Journal of Law and Economics, University of Chicago Press, vol. 56(1), pages 1-38.
    17. Martin Larsson, 2017. "EU Emissions Trading: Policy-Induced Innovation, or Business as Usual? Findings from Company Case Studies in the Republic of Croatia," Working Papers 1705, The Institute of Economics, Zagreb.
    18. Mark Koyama, 2014. "The law & economics of private prosecutions in industrial revolution England," Public Choice, Springer, vol. 159(1), pages 277-298, April.
    19. Gérard Mondello, 2012. "The Equivalence of Strict Liability and Negligence Rule: A " Trompe l'œil " Perspective," Post-Print hal-00727223, HAL.
    20. Gérard Mondello, 2012. "Strict Liability, Capped Strict Liability, and Care Effort under Asymmetric Information," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 168(2), pages 232-251, June.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:jcopol:v:36:y:2013:i:4:p:425-442. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.