Aktualne zmiany w systemie zabezpieczeń na wypadek niewypłacalności organizatorów turystyki - rozważania administracyjnoprawne
Current Changes to the Insolvency Protection System for Tour Operators - Administrative and Legal Considerations

Summary/Abstract: The Act of 7 November 2025 amending the Act on Package Travel and Linked Travel Arrangements introduced a fundamental change that allows a tour operator to fulfil the requirement of a minimum guarantee amount by concluding several guarantee agreements. Comments submitted during the legislative procedure included, among others, proposals regarding the method of designating the primary guarantor. This issue was clarified by indicating that the entity responsible for receiving notifications from travellers is the one specified in the guarantee agreement. On this basis, the template of the guarantee agreement will have to be amended in accordance with the statutory delegation. The regulations in question are administrative in nature, as they concern the fulfilment of requirements for conducting business activity as a tour operator. This article discusses the consequences of the introduced changes from the perspective of public administration bodies, which will be obliged to adopt a new approach in this regard. It should also be emphasised that the existing legal regulations for both insurance and banking sectors remain unchanged: merely the possibility of a new method of contracting by splitting the guarantee is introduced, which may serve as an alternative to the previously existing single guarantee.

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