New rules for filing complaints, more consumer protection in the case of organiser’s insolvency and penalties for unfair tour leaders – to name a few changes in the Act on tourist services which enters into force today.

There are over 3,077 tour operators and travel agencies in Poland. The nature of contracts for the provision of tourist services results in a situation when a consumer pays hoping that the service purchased today will meet his or her expectations in the future, and most of all will be performed in accordance with the contract concluded. Previous experiences and practice of the Office show that there can arise various types of violations, therefore rules defining the conditions for the provision of tourist services should ensure for consumers the highest possible degree of safety and security of these services. The amendment to the Act on tourist services entering into force today introduces new rules, which are important for tour operators and consumers alike.

One reason for introducing the new measures was not sufficiently effective system of financial security for customers. Provisions entering into force today require tour operators to guarantee the consumers, in the case of insolvency, a coverage of costs of return from the event to the place of departure, refund of payments for the event in whole or in relevant part, if it was not performed. Until now, regulations have not provided a guarantee to recover all payments by the customer of a bankrupt travel company, allowing for a proportional reduction in reimbursement of payments if the sum of the obligatory bank or insurance guarantee turned out to be inadequate.

Furthermore, the Act determines what a complaint should contain as well as the time allowed for filing it. According to the law entering into force today, a complaint must indicate non-compliance with the contract concluded by the customer and organiser of the tourist event as well as it must clearly define the consumer’s claim. A complaint should be lodged within 30 days after the end of the event. It is a significant change for consumers - so far there has been no clear guidelines concerning the content of a complaint and relevant provisions have not specified the time for its submission.

It is worth emphasising that, like previously, also trip leaders are obliged to receive objections concerning the quality of service. In the event of irregularities occurring during the event, a consumer should notify the organiser immediately.

What is more, time limits for trip organisers to consider complaints have not changed. If a travel agency does not respond to the complaint in writing within 30 days from the date of completion of the event or filing the complaint - when it is made after the end of the trip - it is considered that the agency acknowledges this claim.

It can be beneficial for customers of travel agencies to extend the duties of a tour leader with showing tourists local attractions, as well as providing them with basic practical and sightseeing information about the visited country and place.

New stipulations may help start up new entities since they limit certain formal requirements which are a burden for undertakings involved in organisation of tourist events. For example, requirements of appropriate education and professional experience necessary to manage tourism business and its organisational units have been abolished.

On the other hand, tour operators who mislead their customers as to the competence of guides and leaders employed by them will be treated more severely than before. Under the amendment to provisions on tourist services such behaviour is treated as a misconduct and are subject to restriction of liberty or a fine. Tour guides or leaders who mislead customers as to their competence are subject to the same penalty.

UOKiK has been continuously monitoring the tourist market for many years. The result of Office’s activities is, inter alia, adding a number of provisions which are harmful for consumers to the Register of Prohibited Clauses. At present the register includes 708 clauses relating to tourist services in all 2019 clauses considered prohibited by the court. This year, UOKiK received over 50 complaints concerning the conduct of travel agencies.Consumers complained mainly on improper performance of the contract, including low standard of hotels – technical conditions, hygiene as well as service and catering. In addition, they reported a too long waiting time at airports – changes in the time of the start or return from a trip and unprofessional management of it – haste and insufficient knowledge of tour leaders, failure to perform the plan, etc.

At the same time UOKiK recalls that in the event of legal problems in relation to concluding a contract with an organiser of tourist services, its management or termination, consumers can rely on municipal and district consumer ombudsmen and non-governmental organisations - the Polish Consumer Federation and the Association of Polish Consumers. Free advice is also provided under telephone number 800 800 008. Consumer advisory in Poland is financed, inter alia, from UOKiK’s budget.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańcow Warszawy 1, 00-950 Warszawa
Tel.:(+48 22) 827 28 92, 55 60 106, 55 60 430
faks (+48 22) 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]