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Coronavirus and travelers' rights

< previous | next > 05.03.2020

Coronavirus and travelers' rights
  • The President of UOKiK, Tomasz Chróstny, reminds that in the extraordinary circumstances, the consumer has the right to withdraw from the contract concluded with a travel agency.
  • Airlines should also monitor the current situation so as not to endanger passengers' health.
  •  If in doubt about their contracts, consumers can seek assistance from municipal or district consumer ombudsmen.

As cases of coronavirus infection have been detected in Europe, many consumers are wondering whether they can cancel the trip purchased at a travel agency or return an airline ticket. Below, we present detailed information on consumer rights and undertakings’ obligations in such cases.

Coronavirus and the trip cancellation

Pursuant to the Act on tourist events, the traveler may withdraw from the contract for a trip or holidays free of charge if unavoidable and extraordinary circumstances occur that significantly affect the tourist event execution or the transport of travelers to their destination. When cancelling the trip, the consumer can only request reimbursement of payments made but cannot claim any additional compensation.

- For each request to cancel the contract, the travel agency must verify whether there are reasons for such action. In other words: Is there a real threat to the consumer’s health in the destination he or she planned to go? If so, the travel agency must accept the traveler's claim. In case of doubts regarding individual contracts with travel agencies, I encourage to seek free legal assistance provided by municipal and district consumer ombudsmen - says the President of UOKiK, Tomasz Chróstny.

When estimating the risk of a destination country, the information provided by the Chief Sanitary Inspector, the Ministry of Foreign Affairs or the World Health Organization (WHO) is helpful - their communications can serve for the consumer as evidence of the aforementioned sudden and unforeseen circumstances, including those related to health risks in the destination country.

Airline tickets

As regards airline ticket purchase, there are no special provisions on the possibility to withdraw in the event of "extraordinary circumstances". Until the service is performed, you can, as a rule, change your flight date or even return your ticket.  The carrier may, however, stipulate that the passenger bears the financial consequences of such changes.  These issues - as they are not regulated by aviation law - are addressed in the carriers’ regulations and their applicable tariffs.

- The issue of returning airline tickets is not as precisely regulated as withdrawing from a trip with a travel agent. There is no doubt, however, that airlines should also behave responsibly and monitor the current situation to avoid endangering passengers' health - adds the President of UOKiK, Tomasz Chróstny.

In case of legal doubts, we encourage to seek free consumer assistance provided by municipal and district consumer ombudsmen.

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: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]
Twitter: @UOKiKgovPL

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ICPENICNPolish Aid