The views expressed in this paper are those of the authors and should not be taken as reflecting the position of any authority, entity or institution. This article presents the legal status as of 25 June 2022. In accordance with the Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC, tour operators registered in Poland are required to refund payments to travelers in the case of cancellation of their travel package due to extraordinary and unavoidable circumstances within 14 days of its termination. The traveler has the right to terminate the package travel contract before the start of the trip without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the destination or its immediate vicinity and which significantly affect the implementation of the package or the transport of passengers to their final destination. In the case of termination of the package travel contract due to unavoidable and extraordinary circumstances, the traveler is entitled to a full refund of any payments made for the package travel but is not entitled to any additional compensation. The tour operator makes the return within 14 days from the effective termination of the travel contract. In the article we will describe the situation during the COVID-19 pandemic and post-COVID times. The significance and implications of our findings and arguments show how important this is in designing a state’s tourism policy. Targeted aid can be designed well in advance of extraordinary and unavoidable circumstances. In our opinion and the opinions of business practitioners, extraordinary and unavoidable circumstances in tourism occur on average every ten years, e.g., the1992 Yugoslavia war, 2001 attack on the World Trade Center, 2010 Eyjafjallajökull volcanic eruption, and the 2020 COVID-19 pandemic. The results of the research show the effectiveness of legal instruments enacted by the Polish government during the COVID 19 crisis and the war in Ukraine. In the article we use two methods—empirical, related to the authors’ own experience, and dogmatic–exegetical. The empirical research was based on the authors’ experience as those responsible for the implementation of statutory regulations (director in the Ministry of Sport and Tourism and Ministry’s advisor) and on the concept of law as one of the normative systems in society—the operation of law in the sphere of social and economic life, which is tourism. A dogmatic–exegetical method was also used, which allowed for the study of the literature on the subject and the review of legal regulations. In our research, we also used the method of the economic analysis of law (law and economics method). Graphical presentation of the research results and the impact of the introduced support mechanisms on supply and demand indicate the desirability of solutions in this area.
19 June 2023 in Journal of Education, Health and Sport
The article deals with the management of the 2023 European Games by the public administration in organizational terms. In the main, the formal and legal regulations constituting the framework for the management of a major sports event were analyzed. The paper uses the dogmatic-egalitarian research method, which required an analysis of the detailed legal regulations of this area. The research aspects contained within the article form a functional whole developed by the four co-authors. They can be summarized as a kind of commentary on selected aspects most relevant to the management of the 2023 European Games. It is important that in their creation, research methods familiar to management and quality sciences and legal sciences were used. In the main, the predominant method was dogmatic and exegetical, which required an in-depth analysis of organizational aspects in the context of the use of literature and views of doctrine, as well as analysis of the legal text.
1 December 2019 in Rocznik Instytutu Europy Środkowo-Wschodniej
This article takes up the innovatory subject of cooperation in the field of football and the tourism sector by the Visegrad Group states. The subject matter of this study has not been widely discussed in the literature, hence most of de lege ferenda postulates are open to further discussion. The current Visegrad Group was created as a political project, not an evolutionary social initiative. This does not mean, however, that the societies of its member states are significantly different from each other, and the structure itself is exotic. The benefits of an extended cooperation, which seems not to have an alternative, for all the participants are fully understood. Therefore, the direction of common thinking about maximizing profits in the developing sector of tourism, and making the most of the social potential of football, can be an attractive platform for international dialogue and extended cooperation among the V4 countries. The baggage of history, geographic and cultural proximity, the migration crisis, as well as the imperialist policy of the neighbouring Russia effectively motivate to strengthen cooperation and create stronger mechanisms with each other. It is indisputable that the tendencies for cooperation in the Visegrad countries are not a novelty.
The Polish Tourist Voucher is a kind of social benefit granted on the basis of the Act of 25 July 2020 on the Polish Tourist Voucher. The primary goal of the act is to help finance holidays for families with children, while the second one is to help the tourism industry in connection with the economic crisis caused by the COVID-19 pandemic. An innovative method of paying this benefit is based on the electronic form of distribution of tourist vouchers and their spending (redemption). As part of this article, the program assumptions will be discussed, also we will propose de lege ferenda conclusions.
1 January 2018 in internetowy Kwartalnik Antymonopolowy i Regulacyjny
Artykuł przedstawia koncepcję przedmiotowego podejścia ustawodawcy do pojęcia „przedsiębiorcy” ujętego w ustawie z dnia 24 listopada 2017 r. o imprezach turystycznych i powiązanych usługach turystycznych. Autor zaprezentował ewolucję przedmiotowego charakteru analizowanych przepisów w prawodawstwie unijnym oraz zwrócił uwagę na przełomowy w tym zakresie wyrok TSUE z dnia 1 lipca 2008 r. w sprawie Motosykletistiki Omospondia Ellados NPID przeciwko Elliniko Dimosio (państwu greckiemu). W ramach rozważań przedstawiono zmiany definicji przedsiębiorcy turystycznego na etapie prac legislacyjnych nad ustawą o imprezach turystycznych i powiązanych usługach turystycznych.
6 June 2023 in Journal of Education, Health and Sport
The article deals with aspects of quality management by those in the public trust profession of mountain guide. In particular, the article will raise aspects of quality in terms of public health and safety. These two aspects are very important in the work of a mountain guide, who is the person in charge of the group he or she is guiding in mountain areas. These areas can often cause some difficulties for tourists, hence the important role of the mountain guide person to ensure safety during mountain expeditions. Within the framework of the article, the organizational basis for conducting business as a mountain guide will be discussed, and the issue of quality will also be pointed out with regard to the professional self-government of mountain guides, for the establishment of which there have been calls for years. The paper uses a dogmatic and exegetical research method, which required an analysis of the detailed legal regulations of the area, as well as an empirical study of the professional self-government. The article presents the personal views of the authors and cannot be interpreted as the position of any body, entity or institution. The article presents the legal status as of 01/01/2023.