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Projektowana dyrektywa turystyczna a przyszłość turystyki w Unii Europejskiej i w Polsce

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Gospodarek J.
Rozprawy Naukowe Akademii Wychowania Fizycznego we Wrocławiu
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2014
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vol. 46
27-36
EN
The purpose of the article is to research the nature of the projected package travel directive and its aims, scope, as well as the specific terminology, and to point out their importance for the future of tourism in the EU and in Poland. The author analyses the proposal of the European Commission for a directive of the European Parliament and of the Council on package travel and assisted travel arrangements of 9 July 2013, and the European Parliament legislative resolution of 12 March 2014, with relevant documents applied in the legislative proceedings by EU institutions and the Polish organs. The article presents the issues of maximum nature of the projected directive and its still undecided scope. It also signals difficulties and consequences concerning imprecise terms used in that project. The author expresses his conviction that the discussed directive will be accepted by the European Parliament and the Council not earlier than in 2015, while the first positive outcomes of these regulations for tourism in the EU and Poland will be perceivable after the implementation of the directive by the EU member states, probably not earlier than in the second half of 2017.
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Prawna regulacja ochrony konsumenta w sferze usług turystycznych – czy potrzebne są zmiany?

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Robaczyński W.
Rozprawy Naukowe Akademii Wychowania Fizycznego we Wrocławiu
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2014
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vol. 47
58-69
EN
The aim of this article is to present the analysis of chosen legal solutions concerning consumer protection in the touristic services market. The author tries to answer the questions if the actual status in this field is adequate to the needs of tourism market or there is a need of further changes. The main subject matter are civil law’s issues, especially those referring to contractual liability, it means liability for non-performance or improper performance of a contract – on the bases of both Polish civil code and tourist services act (for example compensation for wasted holiday). Contract content issues are also being considered, especially matters of abusive clauses. Part of the contemplation concerns terminological issues. The author claims that consumer protection act, that will apply from the 25th of December 2014, will not influence sphere of tourist services, because of its exclusion in this area. This exclusion is also included in an EU directive 2011/83 from 25th of October 2011. However, a new directive, which will replace a current one 90/314 from 13th of June 1990, can be of a vital significance. The directive will include some legal solutions that have not been regulated. In the author’s opinion, introducing new directive will not mean that a new tourist services acts will have to be enacted. The author believes that it is enough to amend an actual act from the 29th of August 1997, especially because the so far existing solutions of the Polish law concerning tourist agency’s client protection is to be acknowledged as sufficient.
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