Europejskie Centrum Konsumenckie

Tourist services

• Your rights
• Information Obligation of a Professional - General Information
• What Information Should the Consumer Receive and in what Form?
• Can the Organiser Revise the Price for the Tourist Service?
• What Can We Do if We Are Not Satisfied with the Tourist Service?
• In what Cases Is the Organiser Not Liable??
• How to Define the Claim and the Amount of the Compensation?
• What is worth to remember
• "Last Minute" Offers
• Shopping during Holiday
• Supplementary information

Each of us looking at fabulously colourful catalogues dreams of unforgettable holidays spent somewhere in a distant place in the tropics. Travel offices tempt us with promotions and promises of unforgettable and carefree holiday. Alas, every tourist service, except that it can make our dreams come true also relates to certain risk. Looking through a colourful catalogue, we do not really know what our dreamt off hotel looks like, if the food is good or the beach close by.

fot. Morguefile.com

Your rights

The legal standards within the European Union concerning the protection of consumers of tourist services are included in the Directive 90/314 of June 13th, 1990 on package travel, package holidays and package tours (O.J. L 158 of June 23rd, 1990).

The Polish law regulates such issues in the Act of August 29th, 1997 on tourist services (unified text: Journal of Laws of 2004, No. 223, item 2268).

Tourist services are the object of special interest of the European Communities. Various reasons account for this fact - the most common one is the cross-border character of such services. Additionally, tourist services are often decisive for the European Union Member States' economies, e.g. Spain, Greece or Italy. It is worthwhile to mention that in most cases, tourists and consumers mean the same.

It should be stressed that specific national systems showed considerable disparities prior to the harmonisation of specific European Union Member States' legal systems with the Directive requirements in the area of tourist services. It was the purpose of the Directive (as well as of other consumer Directives) to provide to the consumer the possibility of using the tourist market in the same way in every European Union Member State.

The tourist Directive has adopted the rule of the minimum harmonisation, which means, that the Member States should be at liberty to adopt, or retain, more stringent provisions relating to package travel for the purpose of protecting the consumer than those provided for in the Directive.

It was the purpose of the Directive to approximate the legal systems of the European Union Member States in the area of tourist events sold or offered for sale on the common market.

The Directive covers the contracts, the object of which is the package of services such as "travel" or a "tourist event".

A "tourist event" means earlier established combination of two services sold or offered for sale at an inclusive price covering a period of more than twenty-four hours or including an overnight stay and which combines at least two of the following:

• transport,
• accommodation,
• other tourist services not relating to transport or accommodation, which account for a significant proportion of the tourist service.

The Directive distinguishes the so-called "organiser" - an entity which professionally organises tourist events and sells them or offers for sale, both, whether directly or through a retailer party, a "retailer" means the person, who sells or offers for sale the package put together by the organiser.

For the purpose of the Directive, "consumer" means the person, who takes or agrees to take the package ("the principal contractor"), or any person, on whose behalf the principal contractor agrees to purchase the package ("the other beneficiaries") or any person, to whom the principal contractor or any of the other beneficiaries transfers the package ("the transferee").

Detailed information regarding the tourist services available on website:
http://www.europa.eu.int/scadplus/leg/en/lvb/l32019.htm.

All European documents, including the consumer Directives are available on the website of EU legal acts - Eurolex.

Individuals interested in the process of implementation of the tourist Directive are recommended the report prepared by the European Commission, available on the website

Information Obligation of a Professional - General Information

A characteristic feature of consumer Directives (as well as acts to the local law implementing the Directives) is information obligation of a professional. It is conditioned by the fact that the consumer, as weaker and less experienced party to the contract, deserves extended protection in a form of comprehensible information. In short - the consumer is always entitled to know what he is buying, who is selling and what are the terms and conditions of the contract.

What Information Should the Consumer Receive and in what Form?

Any brochures, catalogues and folders made available to the consumer must indicate clearly and accurately the following information that is not misleading:

• the price of tourist service (or the manner of determining of such price),
• the destination or itinerary,
• type, rating, category or characteristics of the means of transport used,
• location, kind and category of accommodation, e.g.: hotel,
• the meal plan,
• possible sightseeing programme and other tourist attractions,
• applicable visa, passport and health regulations.

Prior to concluding the contract, the tourist organiser has an obligation to inform a consumer of the health formalities required for the journey and for the stay, passport and visa regulations, information on the optional conclusion of an insurance policy to cover the cost of cancellation by the consumer or the cost of accident insurance and so on.

The contract itself should comprise comprehensive and adequate information regarding the package - it should indicate:

1. the tourist organiser, its licence number and the data of the representative that signed the contract on behalf of the organiser,
2. the destination or itinerary,
3. the duration time,
4. the program of the entire event (including the kind, quality and dates of services offered) e.g.: information on the means of transport, hotel facility, sightseeing tour, meals,
5. the price of the event (separate billing of all dues, taxes and fees if they are not included in the price) and specify circumstance that may increase the price,
6. the method of payment,
7. information of insurance,
8. the manner of making the complaint,
9. the deadline to inform the consumer in the event of cancellation due to lack of applications.

What is important, the organiser has an obligation to notify the consumer if, prior to the performance of the tourist service, he is constrained to alter the terms and conditions of the contract concluded with the consumer, for reasons beyond the control of the organiser (e.g. such terms and conditions relating to, among other things, price, hotel, dates). In such situation the consumer may accept the proposed changes to the contract or withdraw from the contract and get back all the amounts paid without the obligation to pay the contractual penalty.

It should be remembered that in case of the withdrawal from the contract by the consumer (whatever the cause, be it his fault or not), the consumer is obliged to pay the agreed price. Therefore, concluding the contract for the tourist service it is worthwhile to contemplate the conclusion of an insurance policy to cover the cost of cancellation by the consumer.

Can the Organiser Revise the Price for the Tourist Service?

The contract must expressly define the circumstances of the price increase. In general, the price laid down in the contract shall not be subject to revision, however certain exceptions are allowed, such as:

• increase of transport cost,
• increase of statutory fees, taxes and other independent charges,
• increase in the exchange rate.

However, irrespective of circumstances, 20 days before the departure, the price laid down in the contract shall not be subject to revision.

The agreed price must cover all the fees relating to the package.

What Can We Do if We Are Not Satisfied with the Tourist Service?

If we were accommodated at the hotel of a lower standard, without a swimming-pool, the meals were cold and children could not spend their time in the dream playground, which was the main reason of selecting this particular offer, we should notify package contract provider/organiser of the irregularities (in the manner specified on the contract) and then we may seek redress for failure to perform or for improper performance of the services involved in the package.

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In what Cases Is the Organiser Not Liable?

Generally, there are only three cases precluding the organiser's liability for failure to perform or for improper performance of the contract.

• act or omission by the consumer,
• act or omission by third parties that do not participate in the performance of services provided for in the contract, if such or omission could not be anticipated,
• Force Majeure.

How to Define the Claim and the Amount of the Compensation?

The regulations currently in force do not clearly and accurately explain the manner of compensation that can be requested by the consumer.

The Frankfurt Table can be used for calculating the price reduction. The table is an informal document prepared by the National Court in Germany and enjoys growing popularity in the tourist business.

The table defines an example of such irregularities as:

• the difference in location of the facility, e.g.: different distance to the beach,
• the difference in room standard,
• defects of the room, e.g.: no balcony, no view of the sea, no air condition, insects,
• inadequate meal standard, e.g.: spoiled/cold food, monotonous menu,
• the lack of sport facilities (including a swimming-pool).

The table is available on the following websites:

www.rechtspraxis.de/frankfurt.htm
www.reisebueros.at/FrankfurterTabelle.html

WHAT IS WORTH TO REMEMBER

Check Whether the Travel Office Has Been Properly Established

Information whether the travel office legally operates (is it recorded in the register) is available at the Ministry of Economy and Labour Tourism Department or at the Provincial Office competent for the organiser's head office.

Such information is also available at the Central Register of Tourist Organisers and Tourist Agents.

• Prior to concluding the contract for tourist service, specify your expectations and requirements and the amount of money you want to earmark for the travel package.
• Examine carefully and offer and information included in the catalogues.
• If you are not sure whether all provisions of the contract are clear, always ask.
• Remember, you always have the right to clear and comprehensive information provided, for instance, in a holiday catalogue.
• Ask for cost billing, hotel location (to avoid the location at a noisy motorway), meal plan and so on.
• If you have any problems after the arrival to your place of destination report them to a representative or a guide.
• If your problem has not been resolved, collect enough evidence to request compensation - keep your bills, make photos evidencing the facts and so on.
• After returning from the holiday, immediately send your complaint.
• The organiser should handle your complaint within 30 days after concluding the package (in case of the complaint after concluding the package within 30 days after sending a complaint). Lack of response within the deadline makes the complaint justified.
• Remember - you may seek redress for improper performance of the tourist service.

"Last Minute" Offers

In Poland and in other European Union Member States the so-called "last minute" offers are becoming more and more popular. Consumers are often told that complaints do not apply to such package. The argument supplied says that this is a promotional offer for a much lower price and is to take place forthwith.
However, it should be remembered that we can always complaint about such offer, if the entrepreneur fails to comply with the provisions of the contract.

Shopping during Holiday

Enjoying your wonderful holiday abroad we often do different sorts of shopping. It is worth to know the consumer basic rights and liability within the EU, to avoid possible problems. To help the consumers travelling abroad, the European Consumer Centre has prepared a practical guide "Shopping in Europe"(also in English).The publication includes adequate and comprehensive information on consumer rights in 25 European Union Member States and supplies useful tips.

Supplementary information

Polish Chamber of Tourism
http://www.pit.org.pl

Polish Tourist Organisation
http://www.pot.gov.pl

Polish Consumer Federation
http://www.federacja-konsumentow.org.pl

The Office of Competition and Consumer Protection (OCCP publication concerning tourist services)
http://www.uokik.gov.pl/

Ministry of Foreign Affairs Guide for the Polish Citizens Travelling Abroad
http://www.msz.gov.pl/index.php?page=1112100000

Information of Ministry of Foreign Affairs about Polish Missions Abroad
http://www.msz.gov.pl/start.php?page=1101902000