Collective Commentary about the New Package Travel Directive

POLAND | PIOTR CYBULA 1081 (8) In accordance with Article 5(1)(f ) of Directive 2015/2302, the traveller should also receive “information on health formalities, of the country of destination”, while Article 40(1)(7) of the A.P.T. indicates that the traveller should be informed of “the health requirements for taking part in a package holiday”. The legal doctrine indicates that the phrase used by the Polish legislator is not accurate – “health requirements” suggest a link with the state of health of the traveller, whereas the provision in question concerns rather the vaccinations required and the documents and formalities necessary to obtain health care in the destination country if the need arises to obtain such care 34 . (9) The legal doctrine indicates that the Polish legislator does not explicitly regulate financial penalties for breach of the disclosure requirements set out in the Act, for breach of Article 25 of Directive 2015/2302 (lack of appropriate penalties in this respect) 35 . (10) Under the provisions of the Act on tourist services, in the case of package travel organised outside the territory of the Republic of Poland, the travel organiser was obliged to conclude insurance contracts against accidents and medical expenses for the benefit of persons participating in such events (Article 14(3)). This solution has also been introduced to the A.P.T. – according to Article 42(7), travel organisers organising package travel abroad shall conclude insurance contracts against accidents and medical expenses in favour of the travellers. This requirement is without doubt in accordance with Directive 2015/2302, which clearly seems to allow such an obligation to exist – Article 5(1)(h) states that prior to the conclusion of the contract, the traveller must be informed, inter alia , of the optional or compulsory insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death. (11) Pursuant to Article 42(1) of the A.P.T., “Before the beginning of a package travel, the travel organiser shall provide the traveller with the necessary receipts, vouchers and tickets, as well as information on the planned departure time and, where applicable, the check-in time, as well as on the planned hours of intermediate stops, transport connections and arrival ”. The legal doctrine 34 See K. Kryla-Cudna, Commentary on Article 40 of the A.P.T., [in:] K. Osajda (ed.), Komentarze Prawa Prywatnego , t. VII, Prawo konsumenckie. Komentarz , Legalis 2019. 35 See K. Kryla-Cudna, Commentary on Article 41 of the A.P.T., [in:] K. Osajda (ed.), Komentarze …