Collective Commentary about the New Package Travel Directive

POLAND | PIOTR CYBULA 1077 enables the traveller to contact the organiser quickly and communicate with him efficiently, to request assistance when the traveller is in difficulty or to complain about any lack of conformity perceived during the performance of the package”. The wording of the Directive is undoubtedly slightly different and more precise. In particular, it indicates the purpose of this contact. Therefore it should be proposed to amend the Act on package travel and linked travel arrangements in this respect. The mere addition of information about the tour leader is not important, as the person representing the organiser may, in principle, be anyone. (4) Mainly due to the requirement to ensure effective functioning of protection in the case of insolvency, the Polish legislator has introduced specific conditions for travel organisers and traders facilitating linked travel arrangements to conduct this type of business activity. Pursuant to Article 22(1) of the A.P.T., the provisions from the Act from 6 March 2018 – Business law (Dz. U. item 646, 1479, 1629, 1633 and 2212) apply accordingly to activities related to the organisation of package travel and traders facilitating linked travel arrangements. This means that a trader may perform this activity if s/he meets the conditions specified in these regulations and after obtaining an entry in the relevant register of regulated activity (Article 43(1) of the Business law). It follows from the provisions of the A.P.T. that such activity requires an entry into the register of travel organisers and traders facilitating linked travel arrangements (Article 22(2)) 32 . According to Article 23, the competent authority for keeping the register is the marshal of the voivodeship competent for the seat of the travel trader or the address of residence of the travel trader being a natural person, and in the case of a foreign trader who has established a branch in the territory of the Republic of Poland, in accordance with the provisions of the Act of 6 March 2018 on the rules of participation of foreign traders and other foreign persons in economic turnover on the territory of the Republic of Poland (Dz. U. item 649 and 1293), the body competent to keep the register is the marshal of the voivodeship competent for the seat of the branch; in the case of a travel trader without a seat 32 This requirement also applies to travel organisers and traders facilitating linked travel arrangements not having their registered office in the European Union, who sell or offer for sale package travel or linked travel arrangements on the territory of the Republic of Poland, or in any other way direct such activities on the territory of the Republic of Poland (Article 22(4) in conjunction with Article 8(2) of the A.P.T). This does not apply, however, to travel organisers having their registered offices in the territory of countries which, pursuant to an agreement with the European Union and its Member States, have implemented the provisions of Directive 2015/2302 into the national legal system (Article 22(4) in conjunction with Article 8(2) of the A.P.T.).