Compensation for non-material damage for “the wasted holidays” in the light of courts’ jurisprudence Cover Image

Zadośćuczynienie za „zmarnowany urlop” w świetle orzecznictwa sądowego
Compensation for non-material damage for “the wasted holidays” in the light of courts’ jurisprudence

Author(s): Dariusz Gibasiewicz
Subject(s): Civil Law, Tourism, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: law; package travel; compensation for non-material damage; failure to perform or the improper performance of the contract; enjoyment of a holiday; liability;

Summary/Abstract: This article concerns the compensation for non-material damage for “the wasted holidays” in the light of the courts’ jurisprudence. The article aims to present and analyze the concept of “the wasted holidays” and the legal consequences of its occurrence. This analysis is conducted based on legal regulations and judicial decisions. The issue of “the wasted holidays” and claims for compensation for non-material damage will become more and more important due to the increased activity of tourists and the growing number of tourist contracts concluded. It is also necessary to stress that each year the knowledge of the law in this respect among persons concluding travel contracts is also growing. The reasons for “the wasted holidays” can be very different; in this paper, they are divided into typical (relatively frequent) and untypical (much less frequent). However, regardless of the reasons for “the wasted holidays”, Polish courts today have quite clear and precise guidelines on how to resolve such cases

  • Issue Year: 2021
  • Issue No: 53
  • Page Range: 157-174
  • Page Count: 18
  • Language: Polish