Scope of application of the new directive on package travel and linked travel arrangements from the perspective of polish law Cover Image

Zakres stosowania nowej dyrektywy w sprawie imprez turystycznych i powiązanych usług turystycznych z perspektywy prawa polskiego
Scope of application of the new directive on package travel and linked travel arrangements from the perspective of polish law

Author(s): Agnieszka Kubiak-Cyrul
Subject(s): International Law, Tourism
Published by: Oficyna Wydawnicza KA AFM
Keywords: scope of application; level of harmonization; travel services; package; package travel contract; linked travel arrangements; trader; traveler; organizer; retailer

Summary/Abstract: The purpose of that article is to analyze the scope of application of the new directive on package travel and linked travel arrangements. The new directive aims to modernise the rules on package travel currently contained in Directive 90/314/EEC, by increasing the protection of consumers purchasing online travel combinations. The inclusion of customised combinations of travel services, in particular those purchased on-line, in the scope of the new directive will change significantly the scope of application of the protection offered to travelers. It is estimated that the new directive will double the share of protected contracts from 23% to 46% in the EU travel market. New directive will increase legal certainty and transparency for both travellers and businesses, reduce consumer detriment associated with such combinations and ensure fairer competition between travel businesses. New directive will be based on full harmonisation, with a few limited exceptions where, because of different legal traditions or approaches, Member States will be allowed to maintain different solutions. The process of implementation of the new directive will be difficult because of the complexity of that legal text and its serious consequences for the whole tourism industry in Poland.

  • Issue Year: 17/2015
  • Issue No: 2
  • Page Range: 19-34
  • Page Count: 26
  • Language: Polish