Financial Securities for Tour Operators in Case of Insolvency Resulting from the Directive 2015/2302 of the European Parliament and of the Council which are in Force in Poland

Abstract

The insolvency of travel agencies is dealt with in a special way by the EU legislator. European Union law introduces legal solutions for the benefit of consumers insofar as the relevant services are not performed by organizers as a consequence of its insolvency. The current 2015/2302 Directive provides much more comprehensive protection than 90/314/EWG Directive for travelers in the event of insolvency of a tour operator. However, in the past, in the practical functioning of travel agencies, it has repeatedly turned out that the Polish legislation has not been able to guarantee full protection provided for in EU law. This situation has changed. In Poland, since August 1, 2018 the system of security and financial guarantees in the event of insolvency of organizers and traders facilitating linked travel arrangements consists of two pillars. If Pillar I funds are exhausted, the costs of actions taken by the Marshal of the Province related to the repatriation of the customers of an insolvent tour operator will be covered from Pillar II, which is created from contributions to the Tourist Guarantee Fund. Due to the COVID pandemic, another form of security was introduced in Poland from January 1, 2021 - Tourist Assistance Fund. The fund is designed to support tourism entrepreneurs in the event of extraordinary circumstances. The aim of the paper is to present the legal regulations in force in Poland in the field of financial security of tour operators in the event of their insolvency and to analyze whether these solutions sufficiently protect the interests of travelers. Conclusions included in the paper justify the statement that the extension of the security system by Pillar II make the full protection possible. The two-pillar solution should be sufficient in case of insolvency of a travel agency and that it fully implements the EU recommendations.