Exclusion of liability for several-hours' delays in departures and absence of refunds for unused programs - these are among provisions applied by Nowa Itaka, questioned by the President of UOKiK. The Office ordered to refrain form contested practices infringing collective consumer interests and imposed a fine exceeding PLN 2.7 million

Nowa Itaka, a company in Opole, organizes tourist events via its branches throughout the country under the brand name Itaka. As a result of inspections conducted by the Office it was found that the organizer did not provide accurate and complete information, e.g. on the reporting of irregularities during the tourist events. In addition, standard forms of agreements contained, inter alia, six provisions entered into the Register of Prohibited Clauses.

Concerns of the President of UOKiK were raised by e.g. provision, according to which the consumer had no right to demand compensation for the delayed commencement of the tourist event which were shorter than 12 hours. However, according to the law, any delay is connected with improper contract performance, which could mean the right for the client to claim appropriate compensation. The travel agency is liable for failure or improper performance of the contract, and it cannot exclude it on the basis of the provisions contained therein. Exceptions are situations caused by: act or omission by the client himself, impossible to predict the effects of a third party actions or force majeure. The compensation for delays associated with the beginning of tourist event is determined in each case by the parties to the contract.

As a result of inspections conducted by the Office it was found that the organizer did not provide accurate and complete information, e.g. on the reporting of irregularities during the tourist events. In addition, standard forms of agreements contained, inter alia, six provisions entered into the Register of Prohibited Clauses.
For practices infringing collective consumer interests the President of UOKiK imposed a fine of PLN 2,747,931

Among practices employed by the company in Opole, which were challenged by the President of the Office, there were also stipulations that a travel agency does not return the money for not used by the client components of the event, e.g. trips. This meant that in a situation where the undertaking did not complete a part of the contract, thus saving the amount of money paid by the client, the latter was unable to recover the money owed to him for the unfulfilled part of the service. Price of the tourist event is sum of the individual fees for the provision of services to a client. Under the law, if one or more of these services are not provided or are rendered only partially, the consumer may seek compensation from the organizer of the event. It should be added that the company discontinued the questioned practice.

For practices infringing collective consumer interests the President of UOKiK imposed a fine of PLN 2,747,931. Decision is not binding, the undertaking may appeal to the Court of Competition and Consumer Protection.

The consumers will receive free assistance in pursuing claims from poviat or municipal consumer ombudsmen at municipal offices or Poviat Starost offices, or by calling 800 007 707 available from Monday to Friday from 9:00 to 17:00.

Additional information for the media:
UOKiK Branch Office in Katowice
tel.: +48 32 256 46 96
e-mail: katowice@uokik.gov.pl

Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. +48 22 827 28 92, 55 60 106, 55 60 314
faks +48 22 826 11 86
E-mail malgorzata.cieloch@uokik.gov.pl