Poland - Tourism - summary of UOKiK's actions
Most of the inspected travel agencies ceased applying the clauses questioned by the President of UOKiK. The effects of the inspection report of contracts used by tour operators include 41 decisions, 18 lawsuits and 7 ongoing proceedings
In July 2011 the Office of Competition and Consumer Protection presented results of the inspection of contracts concluded by tour operators. Out of the 87 audited undertakings, irregularities were found in 55 cases. The concerns were mainly to do with the application of provisions contravening the act on tourism services and stipulations similar to those entered in the register of prohibited clauses. Issues questioned by the Office include inter alia limitation or exclusion of liability of tour operators mostly in situations such as flight delay, change of hotel, loss of valuables or application of provisions shortening the statutory time limit for lodging complaints. By now, the President of UOKiK has completed 41 proceedings, imposing penalties for a total of PLN 500 575. Another 7 proceedings are still pending. Much welcome is the fact that 29 undertakings have ceased unlawful practices, and 10 committed to change them. Additionally, the President of the Office filed 18 lawsuits for recognition of contractual provisions used by travel agencies as prohibited.
The approaching end of the year is a good time to celebrate the New Year in another country. Travel agencies encourage customers to plan New Year trips, and even the next summer holidays. What to look for when reviewing a contract? What discounts are offered for noise at night or lack of a balcony? The Office of Competition and Consumer Protection reminds tourists who are now choosing travel offers to carefully read their contracts, and be aware of the ways to assert their rights. What to do when:
A consumer finds out where he/she will be accommodated, only after having arrived at the place of destination
The regulations specify mandatory information on the event to be included in the contract - one of them is the location and category of hotel. Therefore, if the standard of the room is lower than that promised by the organizer of the event, the consumer can file a complaint. The location, the type and the category of hotel are in fact a mandatory part of the contract and have a significant impact on the price of the event.
Lack of attractions, facilities promised by the organizer
Any incorrect performance of contractual obligations can be the basis for lodging a complaint. Tourists should immediately file a complaint with the organizer of the trip. They have 30 days from the end of the event to do so. The travel agency is obliged to respond within the same time limit. Such a complaint can be accompanied by evidence e.g. photos, recordings, statements of other persons. We have the right to demand an appropriate reduction in price of the trip – the Frankfurt Table will be helpful in this case. This is not an official document, but helpful in assessing price reductions of trips. For example, for lack of a balcony, we can require up to 10 percent price reduction, for noise at night it is up to 40 percent, and for lack of meals it is up to 50 percent. Consumers may take advantage of travel service complaint form prepared by the Office of Competition and Consumer Protection.
Change of trip price
Price can only be changed within up to 21 days before the event, and then only for three reasons: increases in exchange rates, transportation costs and taxes, official fees, airport and cargo handling in seaports. The travel agency must substantiate the impact of such events on the change in prices, and the consumer can refuse to accept the proposal, terminate the contract and recover all the money.
Change in programme of the event
If the tour operator does not perform the services provided for in the contract, for which the consumer has already paid, it should provide replacement services - that is to offer another service at the same or a higher standard. It is important that in such a situation, the consumer cannot incur any additional costs, and if the new offer is cheaper, it should request refund of the difference in the price. It may also decline to accept the offer of the tour operator. In this situation, the tour operator must deliver the consumer back to the place where the event started.
Where to go for help?
If a travel agency fails to process a complaint, we can ask a municipal or poviat consumer ombudsman for assistance. Detailed information can be obtained by calling 0 800 007 707, open Monday to Friday, 9 am to 5 pm. Consumer Advisory in Poland is financed from sources including budget of the Office of Competition and Consumer Protection.
Read the press release.