Complaint about a package holiday (Poland)
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This document is in Polish
The PDF you download is in Polish — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
A complaint about a trip organised by a Polish travel agency, under the Package Travel Act: the contract number, the trip and dates, the price, the travellers, the failures to perform as agreed — hotel, meals, transport, programme — when and to whom they were reported on the spot, and a demand for a price reduction and for damages or compensation for a spoiled holiday (art. 50). It lists the evidence and the account for payment.
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Common questions
- By when must a complaint about a package holiday be made in Poland?
- The Package Travel Act no longer sets a 30-day deadline for complaints. The traveller must, however, tell the organiser about a failure without undue delay, if possible during the trip (art. 48 of the Act), because the organiser has the right to put it right, and delay can reduce what is owed. Claims for a price reduction, damages and compensation become time-barred after 3 years.
- Is there compensation for a spoiled holiday under Polish law?
- Yes. Besides a price reduction, the traveller is entitled to damages for loss and compensation for distress caused by the failure (art. 50(2) of the Package Travel Act), including loss of enjoyment of the holiday, as the Court of Justice confirmed in Leitner (C-168/00). The organiser is not liable where the failure was caused by the traveller, by an unforeseeable third party, or by unavoidable and extraordinary circumstances.
- Must a Polish travel agency answer a complaint within 14 days?
- There is no such statutory duty: the 14-day deadline and deemed acceptance in art. 7a of the Consumer Rights Act do not cover package travel contracts, which art. 3 of that Act excludes. So it is worth setting a deadline for an answer in the complaint itself. If the agency stays silent or refuses, the consumer ombudsman can help and a claim can go to court, where photos, recordings and the reports made on the spot are the evidence.
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