Odroczenie skuteczności odstąpienia od umowy o udział w imprezie turystycznej : regulacja art. 15K ustawy COVID-19 w świetle dyrektywy 2015/2302

Abstract

The aim of the article consists in a brief analysis of the specific legislative solution regulated in Art. 15k of the special-purpose law referred to as the COVID-19 Act. This provision introduces the institution of postponing the effectiveness of withdrawal from a contract before the start of the travel package, while modifying the regulation of Art. 47 of Polish Travel Package Act which implements Art. 12 of EU Directive 2015/2302 on package travel. It seems that the legislator's goal was to extend the maximum 14-day deadline for refund by the organizers of any payments made by the travelers for the package in the face of a crisis in the tourism industry caused by a coronavirus pandemic. Despite the general positive assessment of the state's activity in this respect, the introduced regulation raises doubts in relation to many legal aspects and the most serious objection to the legislator is the introduction of provisions that are contrary to the principles clearly defined in the EU Directive.