Collective Commentary about the New Package Travel Directive

POLAND | PIOTR CYBULA 1079 (c) information on financial security held during the period for which the declaration is made and on the entities providing it, (d) information on the number of travellers for whom contribution is due to the Tourist Guarantee Fund and the package travel or linked travel arrangement being cancelled by the travel organiser or a trader facilitating linked travel arrangements because of insufficient bookings, if the performance of the services was dependent on the number of bookings, if the contract was terminated or the traveller withdrew from the contract and if the number of travellers covered by the contract changed; 5) to comply with the information requirements for travellers laid down in Chapter 6 of the Act on package travel and linked travel arrangements. In accordance with Article 7(2) of the A.P.T., the above-mentioned financial security obligations are fulfilled by travel organisers and traders facilitating linked travel arrangements by: 1) conclusion of a bank guarantee or insurance guarantee in accordance with the specimen form and regulations specifying the minimum amount of guarantee, 2) conclusion of an insurance contract for travellers in accordance with the specimen form and regulations specifying the minimum amount of insurance sum, or 3) conclusion of an agreement for a tourist trust account in accordance with the specimen form and accepting payments from travellers to that account only, if they provide package travel or facilitate linked travel arrangements provided exclusively in the territory of the Republic of Poland; 4) making on time payments of contributions in the due amount to the Tourist Guarantee Fund. The variant securities indicated in points 1-3 constitute the first pillar of the protection. The Tourist Guarantee Fund is the second pillar of protection. It is activated when the financial security under the first pillar proves to be insufficient to cover the indicated costs and reimbursement of travellers’ contributions (Article 21 of the A.P.T.).The provisions concerning the conditions of conducting business activity by travel organiser and traders facilitating linked travel arrangements and the control of this activity constitute a major part of this Act. (5) There is a significant difference in the definition of the term “trader” (Article 3(7) of the Directive). According to this provision, “trader” means “any natural person or any legal person, irrespective of whether privately or publicly owned,