Pursuit of Non-Pecuniary Loss and Pecuniary Damage Compensation for Spoiled Holiday

Abstract

Since 1st July, 2018, the provisions of the 24th November, 2017 Act on package travel and linked travel arrangements, which deals with the rights of wronged tourists under the so-called spoiled holiday have been in force. The Act on package travel replaced the previous regulation, resulting from the 29th August 1997 Act on hotel tour leaders and tourist guides services, introducing a much broader scope of liability for entrepreneurs operating in the tourism industry, which was to facilitate the pursuit of claims. The article presents the method of repairing damage for the loss of pleasure from vacation in the previous and applicable legal status. Then, the author presents the course of court proceedings, both when the traveller decides to take group proceedings, as well as when he/she individually brings an action. The author draws attention to the need for the traveller to properly prepare for the civil proceedings due to the burden of proof on him/her, and also discusses the advantages and disadvantages of certain legal solutions.