• For the ninth time now, approximately 50 different institutions jointly remind consumers what to look out for during the holiday season.
• UOKiK advises how to file complaints concerning package tours after 1 July and informs when travel agencies can increase prices and what to do if an agency goes bankrupt.
• Please visit the websites of other participants of the information campaign “Things to remember before holidays” as well.

As of 1 July, the new regulations on package tours and related services enter into force. Owing to these regulations, consumers across the European Union will be covered by the same level of protection. The new act also provides for the possibilities created by the Internet – such as online purchase of tourist service packages, e.g. a flight and a hotel. The rules for filing complaints about tours, increasing tour prices or terminating agreements will also change to a certain extent. Travellers will have more rights in the event the organiser of their tour should become insolvent.

Has the price increased by more than 8 per cent? You can withdraw from the agreement

Pursuant to the new regulations, if the tour organiser raises the price by more than 8 per cent, you have the right to withdraw from the agreement without incurring any costs. Moreover, if the travel agency has reserved in the agreement that the tour might become more expensive if e.g. fuel prices increase, then in the opposite situation it is required to lower the price of the tour.

The fact that the tour organiser can raise the price three weeks before the tour at the latest remains unchanged. The organiser still has the right to do so in three cases only:

• when transport becomes more expensive, e.g. in connection with increases in fuel prices,

• when taxes or charges on tourist services, e.g. airport charges, have increased,
• when the foreign exchange rates have increased.

The possibility of price increase must be provided for in the agreement, otherwise the organiser cannot change it.

Want to resign due to a volcano eruption? No need to pay a withdrawal fee

Another new element is the ability to withdraw from the agreement without consequences in the event of extraordinary circumstances at the tour destination, e.g. a pandemic,
a volcano eruption, a threat of terrorism. In such a case, the organiser will refund the money you paid within 14 days.

Just like before, you will not bear the costs of resignation also in the event that the travel agency should change the main conditions of the tour, e.g. the destination, duration or the means of transport. However, when it has introduced minor changes to the tour programme and has previously reserved the right to do so in the agreement, you will not have such a right.

Moreover, the new regulations render it possible to withdraw from an agreement within 14 days if such an agreement was concluded off the company’s premises, e.g. at your home, but only if such was not a result of your earlier initiative. This means that you will be unable to resign without bearing the consequences, e.g. if you called the travel agency earlier on and invited the agent to come to see you.

You can also terminate an agreement in other situations, e.g. for personal reasons. However, in such cases you need to take into account the possibility that the travel agency will deduct a justified fee for withdrawal. In accordance with the new regulations, it can specify in the agreement how much this fee will amount to depending on the time you withdraw from the agreement. At the client’s request, the organiser must provide reasons for the amount of these fees.

Too few participants? The agency must notify you within certain time limits

Just like before, a travel agency may reserve the right in the agreement to cancel the tour if there should be too few participants. Until now, the organiser itself had to determine in the agreement what time limit there was for cancellation of the tour. The new regulations define specific time limits within which the organiser can do it:

• 20 days before a tour lasting more than 6 days,
• 7 days before a tour lasting 2–6 days,
• 48 hours before a tour lasting less than 2 days.

In such a case, the travel agency refunds to travellers all payments within 14 days, but pays no compensation.

Unsatisfied? You have 3 years to pursue claims

Until now, you had 30 days following your tour to file a complaint. After 1 July, this time limit will be removed. Reservations regarding the quality of service should be reported as quickly as possible – ideally while still on the tour. In this way, they organiser will have
a chance to remedy the irregularities. However, you will be able to pursue your claims for 3 years – after which your claims will become time-barred. In practice, this means that you can file a complaint as late as 2 years and 11 months after your tour; however, if you have not reported any problems before, this fact will be taken into account in the process of calculation of the potential price discount or compensation.

A new element is that as of 1 July you can file a complaint not only with the tour organiser, but also with the agent who sold you the tour. Just like before, you may demand a reduction of the price and damages or compensation for the damage or injuries you suffered.

There is also a drawback of the changes. Until now, an undertaking had to respond to each complaint within 30 days. If it failed to do so, it meant that it had deemed it justified. The new provisions do not regulate this matter.

Is your travel agency going bankrupt? You can continue your holiday

Travellers will also have more rights in the event the travel agency should become insolvent. Until now, they could count on coverage of the costs of returning to the country and refund of the paid but unused amounts. After 1 July, if the agency goes bankrupt, tourists will be able to continue their holiday as provided for in the agreement.

The “Things to remember before holidays” campaign

For the ninth time now as part of the joint campaign “Things to remember before holidays”, approximately 50 institutions prepared helpful tips for persons planning their summer holiday. This year, you will find out e.g. how to save time before a trip by going through the formalities online, how to pay by card abroad or what you can do in the event of problems with car rental. For useful information from nearly all areas – from safety to health and environmental matters – see the websites of project participants:

• Office of Competition and Consumer Protection
• Ministry of Digital Affairs
• Ministry of Finance
• Ministry of Foreign Affairs
• Ministry of National Education
• Ministry of Family, Labour and Social Policy
• Ministry of the Environment
• Ministry of Agriculture and Rural Development
• Ministry of Sport and Tourism
• Financial Ombudsman
• Office for Protection of Personal Data
• National Centre for Nutrition Education
• Chief Inspectorate for Commercial Quality of Agricultural and Food Products
• Office of Rail Transport
• Water Voluntary Rescue Service
• Institute of Meteorology and Water Management
• Tatra National Park
• Energy Regulatory Office
• European Consumer Centre Poland
• Research and Academic Computer Network
• State Forests
• Border Guard
• General Veterinary Inspectorate
• Ombudsman for Patients
• National Health Fund
• National Headquarters of the State Fire Service
• Polish Police Headquarters
• Motor Transport Institute
• Polish Tourism Organisation
• Civil Aviation Authority
• General Directorate for National Roads and Motorways
• Masurian Landscape Park
• Chief Sanitary Inspectorate
• Office of Electronic Communications
• Air Passenger Watchdog “Friendly Flying”
• Ombudsman for Children
• Railroad Police

In addition, the Provincial Trade Inspection Offices from the following cities have also joined our campaign: Białystok, Bydgoszcz, Gdańsk, Gorzów Wielkopolski, Katowice, Kielce, Cracow, Lublin, Łódź, Olsztyn, Opole, Poznań, Rzeszów, Szczecin, Warsaw, Wrocław

Additional information for the media:

UOKiK Press Office 
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Phone: +48 695 902 088, +48 22 55 60 314
Email: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL