Bankruptcy of Adria Airways — press release

1 October 2019

On 30 September 2019, the announcement was posted on the airline’s website and published in the media that Adria Airways field the bankruptcy petition with Kranj District Court. The legal deadline for the competent court to decide on the opening of bankruptcy proceedings is 3 days.

The rights of the consumer in relation to the cancellation of flights of Adria Airways d.o.o. differ according to whether the consumer purchased only the airline ticket or air transport was part of a package travel.

If the consumer purchased only the airline ticket for the flights operated by Adria Airways d.o.o., in respect of the bankruptcy, these flights will not be completed as Adria Airways d.o.o. has been removed from the Amadeus system operated by the International Air Transport Association (IATA) due to the filed bankruptcy petition and subsequent revocation of the licence.

In such a case, consumers may lodge their claims for non-performed flights (damages) in the bankruptcy proceedings. In the event of a bankruptcy of a legal person, the deadline for lodging of claims is 3 months from the notice of the institution of bankruptcy proceedings, which is expected to be published tomorrow, 2 October 2019, on the AJPES website. We will inform general public about the institution of bankruptcy proceedings and the documents required to lodge the claims.

Consumers, on the other hand, who have purchased package travel in travel agencies (where accommodation and other services are included in addition to air travel) may contact travel agencies with whom they have contracts directly for information. In those contracts, it is not necessary for the Agency to buy a flight from Adria Airways, but from another air carrier that will carry out the travel without disruption. Even if a flight has been purchased from the air carrier Adria Airways, this does not necessarily mean that the travel will not be realised. The tour organiser is responsible for the fulfilment of the contract regardless of whether the travel services involved are carried out by the tour organiser itself or by another undertaking.

In order to fulfil the contract, travel agencies will be able to look for alternative options with other air carriers. This may, of course, lead to some delays or delayed flights. Therefore, we propose that consumers are tolerant in such cases. Passengers’ rights in the event of delays, cancellations and denied boarding are governed by Regulation 261/2004.  The Civil Aviation Agency of the Republic of Slovenia is the national enforcement body for passenger rights (caa.si), and we propose that travellers shall contact the Agency for information directly.

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