Package travel - your rights

A travel package should be understood as a combination of at least two different types of travel services (e.g., accommodation and flight) for the same trip or vacation. A tourist event is mainly an organized vacation trip to a country or abroad – usually by a travel agency.

Before purchasing a package, the traveler should receive all the necessary information, regardless of whether it is sold remotely or directly.

The entities obliged to provide the traveler with information are:

  • tour operator,
  • Tourist agent – when the tourist event is sold through him,
  • entrepreneur facilitating the Linked Travel Arrangements
  • the tourist trader to whom the data of the traveler is transferred.

Before signing a contract, a consumer signing a contract with a tour operator or travel agent should be informed about the main characteristics of the trip, namely:

  • the travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;
  • the means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and places of intermediate stops and transport connections.
  • the location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;
  • the meal plan;
  • visits, excursion(s) or other services included in the total price agreed for the package;
  • where it is not apparent from the context, whether any of the travel services will be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group;
  • where the traveller’s benefit from other tourist services depends on effective oral communication, the language in which those services will be carried out; and
  • whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller’s request, precise information on the suitability of the trip or holiday taking into account the traveller’s needs;
  • the trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their telephone number and, where applicable, e-mail address;
  • the total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear;
  • the arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller;
  • the minimum number of persons required for the package to take place and the time-limit,
  • general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;
  • information that the traveller may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee, or, where applicable,
  • information on optional or compulsory insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.

The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

With respect to off-premises contracts, Member States may provide in their national law that the traveller has the right to withdraw from the package travel contract within a period of 14 days without giving any reason.

According to Polish law, a traveler has the right to withdraw from a contract at any time before it begins. Sometimes this may involve paying a withdrawal fee (the amount should be appropriate and reasonable).

Withdrawal from the contract without paying additional fees is possible:

  • if extraordinary circumstances arise at the place of the planned stay, such as political destabilization or natural disaster,
  • within 14 days if the tour was purchased off-premises, unless the contract was concluded on the basis of a prior order placed by the customer,
  • if the price of the tour has increased by more than 8% over the agreed amount,
    if the main characteristics of the tourist services (e.g. place, duration or means of transportation) are changed,
  • in case of cancellation, refund of payments made should be made within 14 days.

If too few travellers have booked the package holiday, the operator may cancel it. The operator must state the minimum number of bookings required to operate the trip in advance, and if they cancel the trip, they should notify you in time.

The trip may be cancelled no later than: 

  • 20 days before the scheduled start date of the trip if it should have lasted longer than 6 days 
  • 7 days before the scheduled start date of the trip if it should have lasted between 2 and 6 days 
  • 48 hours before the scheduled start date of the trip if it should have lasted less than 2 days

The operator may also cancel the trip due to extraordinary circumstances, such as natural disasters, war, or an outbreak of a serious disease at the destination. In such cases, the operator should inform you about the trip cancellation as soon as possible.

What can the consumer demand?

The organizer is responsible for the delivery of the services indicated in the contract, regardless of whether they are performed by him or his subcontractors. If any of the services deviate from the description in the contract, the traveler should best notify the organizer (e.g., the resident travel agent) during the trip.

According to Polish law the consumer can then demand that the discrepancy be fixed. In a situation where the organizer refuses, the traveler can demand:

  • price reduction,
  • compensation,

If the organizer, despite the information received, does not remove the non-conformity within a reasonable time set by the traveler, the consumer can do it himself and apply to the organizer for reimbursement of expenses incurred.

If the non-conformity is an essential part of the event, the traveler is entitled to:

  • to receive a substitute service,
  • in a situation where the substitute service is of inferior quality – a reduction in price.
  • If the substitute service or price reduction is incomparable to the contract, the traveler may terminate the contract without cost.

Deadline for sending a complaint

Polish regulations do not indicate a time limit within which a traveler should file a claim. Claims for price reduction, compensation and damages are time-barred at 3 years. However, there is no stipulated time within which the addressee of the complaint should respond to it.

Note!

In Poland, a tour operator may limit its liability for non-performance or improper performance during a tourist event to three times the price of the trip to each customer. This does not apply to personal injury.

  • Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC
  • Polish Act of November 24, 2017 on tourist events and related tourist services

Package travel - remember

  • The customer of a travel agency has the right to clear and understandable information. Any doubt or inaccuracy should be clarified (especially about the price).
  • If you conclude a contract at a distance, such as on the Internet, you cannot withdraw from the contract within 14 days.
  • In case of any irregularities during the trip, you should react – contact representatives of the tour operator or directly with the tour operator itself. If the problem is not solved on the spot, it is worth trying to get the evidence necessary to conduct a later complaint (receipts, photos, written confirmations of the resident reported irregularities).
  • It does not matter whether you have concluded a contract with an intermediary agency for the sale of a tourist event or through an online search engine – the same obligations are incumbent on both the tour operator and intermediaries (a travel agent, an entrepreneur facilitating the purchase of related travel services, a tour operator to whom the data of the traveler is transferred). You can give notice of cancellation of the trip, assert claims and inquire about claims in the same way against each of them.
  • It does not matter whether the contract was concluded on a First Minute or Last Minute basis. You are entitled to the same right to the quality of service adequate to the offer, and in the absence thereof – to a complaint.
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