The Contract of Organisation of Travel

The performance of activities related to the organisation of tourist travel is regulated by the Law on Tourism and is reserved for entities holding a valid license for such activities, duly registered in the Tourism Register as a travel agency – travel organiser.

The legislation does not prohibit other entities – such as natural persons, schools or associations – from organising travel, provided that such activity is not performed as a professional or habitual business activity within the meaning of the Law on Tourism. In such cases, where travel is organised occasionally or on a one-off basis, the general provisions of the Law of Contracts and Torts shall apply.

The Contract of Organisation of Travel (“Contract”) is governed in parallel by the Law on Consumer Protection (“Law”) and the The Law of Contracts and Torts. This analysis shall focus on the provisions of the Law, which, being a more recent and lex specialis regulation, takes precedence over the Law of Contracts and Torts. In matters not regulated by the Law, the general rules of the Law of Contracts and Torts shall apply.

By concluding the Contract, the travel organiser (“Organiser”) undertakes to provide the traveller with a tourist travel arrangement, i.e. a combination of two or more different travel services for the purpose of the same journey (“package arrangement”), while the traveller undertakes to pay a lump-sum price.

This is a contract that encompasses all services included in the travel programme, as well as any special requirements of the traveller, which form an integral part essential for the realisation of the trip, with a clearly specified start and end date. The package arrangement is sold at a single inclusive price and consists of the general travel conditions, travel programme, travel confirmation, voucher, and other related documents.

According to the Law, a package arrangement refers to a combination of at least two different travel services designed in advance or upon the traveller’s request, which:

• last longer than 24 hours, or less but include at least one overnight stay; and
• are sold at a single total price.

Under the Law, travel services include:

• passenger transport,
• accommodation not ancillary to the transport of passengers,
• rental of cars and other motor vehicles,
• other tourist services that do not constitute an integral part of any of the aforementioned but represent a significant part of the package.

The Law explicitly requires that the Contract be concluded in written form. Upon signature, the Organiser is obligated to provide the traveller with at least one signed copy of the Contract.

Travellers are granted enhanced legal protection under the Law, as the Organiser is subject to a pre-contractual duty to inform the traveller of all relevant facts concerning the trip. This includes the total price expressed as a lump sum, covering all services provided for in the travel programme, as well as any additional costs, including taxes, fees, and other charges necessary for the realisation of the journey. Moreover, the traveller must be informed of the existence of any voluntary or mandatory insurance covering the costs of termination of the Contract by the traveller.

Once the Contract is concluded, all elements that were the subject of the pre-contractual information obligation become legally binding upon the Organiser, unless the parties have expressly agreed otherwise. If the Organiser fails to inform the traveller in advance of any costs not included in the total price, the traveller shall not be obliged to bear such costs.

A further specific feature of the Contract is the traveller’s right to assign the Contract to another person no later than seven days prior to the start of the journey. In such case, the Organiser shall conclude a new contract, and both the traveller and the assignee shall be jointly and severally liable for the payment of the outstanding balance of the travel price, as well as for any additional costs arising from the assignment.

The Law also provides for the possibility of amending the contractual provisions in the period preceding the trip. The Organiser may increase the agreed price of the journey only if such a possibility is expressly stipulated in the Contract, and always in conjunction with the traveller’s right to a proportional price reduction. This provision applies in the event of changes in transport costs (e.g. fuel or energy prices), fees (e.g. tourist taxes, airport charges), or exchange rates, and the Organiser is obliged to inform the traveller of such changes no later than 20 days prior to the start of the journey. Unilateral price increases are permissible only if they do not exceed 8% of the total travel price.

The Organiser has the right to unilaterally terminate the Contract prior to the commencement of the trip in two cases:

1. If the number of registered travellers is lower than the minimum number stipulated in the Contract, provided that the Organiser duly notifies the traveller within the following deadlines:
   1. at least 20 days prior to the start of the journey for trips longer than six days;
   1. at least 7 days prior for trips lasting between two and six days;
   1. at least 48 hours prior for trips shorter than two days.
2. If the Organiser is unable to perform the Contract due to unforeseeable, unavoidable and extraordinary circumstances, which, had they existed at the time of contracting, would have constituted a valid reason not to enter into the Contract.

In such cases, the consequence of the Organiser’s withdrawal is the obligation to refund all amounts paid by the traveller within 14 days. Such a traveller’s claim is not treated as damages claim under Article 115 of the Law, but rather as a claim based on unjust enrichment pursuant to Article 210(2) of the Law of Contracts and Torts. Specifically, the payment was made based on a valid legal ground (the concluded contract), which subsequently ceased due to the impossibility of contract execution. Since no specific statute of limitations applies to this type of claim, the general ten-year limitation period under Article 371 of the Law of Contracts and Torts applies.

In accordance with the Law, any dispute between the traveller and the Organiser is classified as a consumer dispute. Pursuant to Article 45 of the Civil Procedure Act, in consumer disputes, in addition to the court of general jurisdiction, the court of the consumer’s residence or domicile shall also have territorial jurisdiction. The consumer has the right of choice, thereby strengthening their procedural position as the weaker party in the contractual relationship.

The Organiser is liable for the conformity of all travel services included in the package, regardless of whether they are provided directly or via third-party service providers. The Organiser is released from liability for non-performance, defective performance, or delay only if it proves that the lack of conformity resulted from:

• the traveller’s conduct, which can be considered a failure to fulfil contractual obligations;
• actions or omissions of a third party not connected with the performance of the contractual obligations by the Organiser;
• extraordinary and unforeseeable circumstances which prevented proper performance.

The regulation of the activity of organising tourist travel reflects a clear legislative intent to standardise the tourism market while simultaneously strengthening the legal certainty of consumers.

At the same time, the concepts of pre-contractual information and the precise definition of the package arrangement serve as mechanisms to enhance transparency and accountability in the provision of tourist services. In this context, the Organiser is not viewed merely as an intermediary, but as a legally responsible entity whose obligations are not solely commercial in nature but also include a duty of care in the best interest of the traveller.