• Differences between offers presented by travel agencies and the actual standard of service or changes of flight times – such issues are being reported to UOKiK.
• We would like to remind you that in case of any irregularities, the consumer has the right to lodge a complaint and demand a price reduction.
• The Office monitors the situation on the market – it intervenes with entrepreneurs and talks about self-regulation with industry representatives.

Accommodation at a hotel other than indicated in the contract, dirt and damage in rooms, lack of air-conditioning, failure to carry out the event programme, change of departure time - such problems are being reported to the Office of Competition and Consumer Protection (UOKiK) by consumers who complain about travelling with travel agencies. It often turns out that the offer presented in colourful catalogues or on the website, and even the provisions of the contract significantly differ from the reality, which the tourists find out at the destination. There are also problems with submitting complaints, e.g. travel agencies do not respond to them. This year, the Office of Competition and Consumer Protection has already received approx. 140 complaints about the tourism industry.

Change in flight hours

In recent months, the Office has met with representatives of the tourism industry several times to discuss self-regulation and how to tackle major problems. This includes, among others, changes in travel conditions. In accordance with the Act on Tourist Events it is one of the main characteristics of the service offered. Before signing the contract, the trip organiser must inform the traveller about the type and class of the means of transport, as well as about the time and place of departure and stopovers. These conditions may not be changed afterwards, unless the amendments are insignificant and the organiser has reserved the right to do so or has been forced to make changes before the start of the holiday. In some cases, however, the travel agency may be unable to determine the exact departure and return times at the time of the start of the sale of the trip.

- When it is not possible to determine the exact departure time well in advance, legal provisions allow the travel agency to initially give approximate times. However, it must not abuse that right or mislead consumers. It must clearly, understandably and visibly state that this is an approximate time, which must be established with due care. There can be no situations in which the company gives uncertain departure times in order to tempt customers with a longer stay - says Marek Niechciał, the President of UOKiK. - When the organiser has set specific times, it must inform the travellers about them as soon as possible and provide them with the necessary tickets or vouchers before departure - he adds.

During the meetings, UOKiK also discussed with industry representatives what fees can be deducted by the travel agency when a customer, for example for personal reasons, withdraws from the trip. In accordance with the regulations in force since July 2018, their amount may be linked in the contract to the period of time left before the departure. However, the fees must reflect the actual expenses incurred in organising and cancelling the trip for the person concerned, which the organiser is no longer able to recover. The company cannot include payments to its employees, as these are costs of running a business. At the request of the passenger, the travel agency must justify the amount of cancellation fees.

Misleading ‘suns’ and lack of attractions in the off-season

UOKiK monitors the activities of travel agencies and eliminates irregularities. An example is an investigation into travel agencies, where the Office checked how they presented their offers on the Internet. It turned out that 12 companies incorrectly informed about e.g. the hotel category, total price and accessibility of trips to disabled people.

- Agencies used their own evaluation systems for hotels, e.g. suns, squares or colourful stars, which did not always correspond to the actual hotel category. There was no clear information on what they really meant and on what basis the assessment was made. This might have suggested a higher standard, especially since the suns or squares were more exposed on the site than the hotel category according to the regulations of the country of residence. Meanwhile, according to the regulations, the travel organiser must inform the travellers about that - explains Marek Niechciał, the President of UOKiK. 

The result of the review of websites were interventions made with the entrepreneurs. After UOKiK’s intervention, they corrected such misleading information.

Now the Office is drawing the attention of travel agencies to another problem - the lack of access to certain attractions. The companies present their hotel and resort offer in detail in catalogues and on the website, but only in the general terms and conditions of participation in tourist events or in the appendices to the contract they stipulate that some of the listed bars, restaurants, swimming pools or equipment rental companies may be closed in the off-season. - This may mislead customers: they are tempted by specific attractions, but only once they get there they will find out how many of them are in operation. We also do not like the fact that in this way travel agencies try to evade responsibility for the lack of the facilities promised in the catalogue - says Marek Niechciał, the President of UOKiK.

The Office sent letters to 5 travel agencies asking them to amend the contested clauses. Most of them have already removed them. The Office of Competition and Consumer Protection is preparing letters to new companies in this matter.

Are you going on vacation? Remember:

• Check the travel agency on the website https://www.turystyka.gov.pl/
• Read the contract carefully before signing it and read the annexes.
• If the organiser is forced to change the main terms and conditions of the event, such as the place, duration, mode of transport, hotel category, you can terminate the contract at no cost.
• The price may increase no later than 21 days before the event, by no more than 8% and only in certain cases, e.g. if petrol prices or airport charges are increased and this directly translates into the travel organiser's costs, and if such a possibility is provided for in the contract.
• If you cancel your trip because, for example, your plans have changed, your travel agent can charge you certain costs but must be able to justify them.
• If the company does not fulfil the contract, e.g. you stay in a lower-category hotel or the promised air-conditioning system does not work, make a complaint. Report your objections as soon as possible - preferably while still at the destination, this will make it easier to pursue your claims. The statute of limitations expires after three years.
• When making a complaint, demand that the irregularities be corrected or, if this is not possible, that the price of the trip be reduced. If you don't know by how much, you may find the Frankfurt Table helpful. According to the table, for example, you can demand a reduction of up to 10% for a lack of a balcony, up to 40% for noise at night and up to 50% is meals are not provided. Remember, however, that the table is only a reference point, it is not legally binding for the entrepreneur.

Watch a short video prepared by the Aquila Association and find out how to submit a complaint about a poor holiday.

Support for consumers:

Tel. 801 440 220 or 22 290 89 16 - Consumer Helpline
E-mail: porady@dlakonsumentow.pl
Consumer Ombudsmen – in your city or district
Provincial Inspectorates of the Trade Inspection
Regional consumer centres

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL