Charakter prawny formy reglamentacji dostępu do działalności w zakresie organizowania imprez turystycznych w prawie polskim

Maszewski, Łukasz; Toruniu, Uniwersytet Mikołaja Kopernika w

doi:10.33226/0137-5490.2021.8.6

Cited by 1 publication

(2 citation statements)

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“…Therefore, the tour operator can accept a customer's contract termination notice and then, after 180 days, is able to refund any payments made by the client within 14 days. This way, the de facto effect of the refund of payments takes place within 194 days of the traveler having given a relevant statement to the tour operator [33]. Without the clear support to the sector, insurers might have been unwilling to provide indemnity, which is a necessary condition for the continuation of business in this area.…”

Section: Literature Review/theoreticalmentioning

confidence: 99%

“…In addition, there was difficulties associated with obtaining refunds by tour operators from subcontractors such as airlines, which were also in a difficult situation due to flight bans introduced in different EU countries by the legislation. In September 2020, there was to be an accumulation of payments to customers by tour operators, because most cancellations, which resulted in an obligation to make payments, expired within this period (tourists resigned mainly in March and April 2020) [33][34][35]. It was also not possible to extend the 180-day period, in September 2020, the validity of the bank and insurance guarantees of most Polish tour operators also expired [27].…”

Section: Literature Review/theoreticalmentioning

confidence: 99%

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Extraordinary and Unavoidable Circumstances in Tourism under COVID-19 and Post Pandemic Times—Casus Poland as Example of Sustainability Management

Borek

Puciato

2023

Sustainability

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The views expressed in this paper are those of the authors and should not be taken as reflecting the position of any authority, entity or institution. This article presents the legal status as of 25 June 2022. In accordance with the Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC, tour operators registered in Poland are required to refund payments to travelers in the case of cancellation of their travel package due to extraordinary and unavoidable circumstances within 14 days of its termination. The traveler has the right to terminate the package travel contract before the start of the trip without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the destination or its immediate vicinity and which significantly affect the implementation of the package or the transport of passengers to their final destination. In the case of termination of the package travel contract due to unavoidable and extraordinary circumstances, the traveler is entitled to a full refund of any payments made for the package travel but is not entitled to any additional compensation. The tour operator makes the return within 14 days from the effective termination of the travel contract. In the article we will describe the situation during the COVID-19 pandemic and post-COVID times. The significance and implications of our findings and arguments show how important this is in designing a state’s tourism policy. Targeted aid can be designed well in advance of extraordinary and unavoidable circumstances. In our opinion and the opinions of business practitioners, extraordinary and unavoidable circumstances in tourism occur on average every ten years, e.g., the1992 Yugoslavia war, 2001 attack on the World Trade Center, 2010 Eyjafjallajökull volcanic eruption, and the 2020 COVID-19 pandemic. The results of the research show the effectiveness of legal instruments enacted by the Polish government during the COVID 19 crisis and the war in Ukraine. In the article we use two methods—empirical, related to the authors’ own experience, and dogmatic–exegetical. The empirical research was based on the authors’ experience as those responsible for the implementation of statutory regulations (director in the Ministry of Sport and Tourism and Ministry’s advisor) and on the concept of law as one of the normative systems in society—the operation of law in the sphere of social and economic life, which is tourism. A dogmatic–exegetical method was also used, which allowed for the study of the literature on the subject and the review of legal regulations. In our research, we also used the method of the economic analysis of law (law and economics method). Graphical presentation of the research results and the impact of the introduced support mechanisms on supply and demand indicate the desirability of solutions in this area.

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Section: Literature Review/theoreticalmentioning

confidence: 99%

Section: Literature Review/theoreticalmentioning

confidence: 99%