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 tour operator must notify the traveler of the price increase clearly, comprehensibly, and on a durable medium no later than 20 days before the start of the package. The price of the package can only be increased if the contract explicitly allows for it and if the increase is a direct consequence of changes in:

• the cost of passenger transport (e.g., fuel prices or power sources),

• the level of taxes or fees on travel services imposed by third parties not directly involved in the package (e.g., tourist taxes, airport taxes)

• the exchange rates relevant to the package.

• the tourist trader to whom the data of the traveler is transferred.

A traveler can terminate the contract at any time before the package starts. In such a standard scenario, the tour operator may require the traveler to pay an appropriate and justifiable termination fee (often referred to as a cancellation fee, usually dependent on how close to the departure date the cancellation occurs). 

Withdrawal from the contract without paying cancellation fees

A traveler has the right to terminate the contract and receive a full refund of all payments within 14 days (without the right to claim additional compensation) in the following specific situations:

• Unavoidable and extraordinary circumstances: If events such as political destabilization, warfare, or natural disasters occur at the destination or its immediate vicinity, and these significantly affect the performance of the package or transport to the destination.
• Significant changes to the contract: If the tour operator is forced to significantly alter any of the main characteristics of the travel services (e.g., destination, duration, or means of transport) and the traveler rejects these changes.
• Price increase exceeding 8%: If the tour operator proposes a price increase that exceeds 8% of the total package price.
  
• Off-premises contracts: Within 14 days of signing, but only if the contract was concluded off-premises (e.g., at a physical presentation outside the agency’s regular office), unless it was based on the customer’s prior order. Note: This 14-day cancellation right does not apply to distance contracts, such as standard online or phone bookings.

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.

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