Collective Commentary about the New Package Travel Directive

POLAND | PIOTR CYBULA 1085 (18) In accordance with Directive 2015/2302, the limitation period for introducing claims under this Article shall not be less than two years (Article 14(6)). The Polish legislator extended this period to 3 years. Previously in Polish law, in the case of a package travel contract, there was no specific regulation of the limitation period for a claim for non-performance or improper performance of the contract, which meant that it was necessary to refer to more general regulations which caused discrepancies in literature and case-law 39 . IV. CONCLUSIONS To conclude, from the perspective of Polish law, the implementation of Directive 2015/2302 introduced into Polish law provided different protection for travellers than in the case of the Act implementing Directive 90/314. With respect to some issues, this protection is greater, but also with respect to a number of other problems, it is the same or even less than under the previous provisions; as a result, the general thesis that the Act on package travel and linked travel arrangements provides greater protection for travellers than the previous provisions cannot be accepted 40 . Certainly, several provisions need to be amended urgently to ensure compliance with the Directive. 39 This problem is discussed in more detail in the article: T. Pałdyna, Przedawnienie roszczeń z umów o świadczenie usług turystycznych , [in:] P. Cybula (ed.), Transformacje prawa turystycznego , Cracow 2009, p. 127 et seq. 40 P. Cybula, Aksjologia …