Poland’s consumer authority confirms travelers may cancel vacations citing unavoidable extraordinary circumstances like nearby conflict.
Cancellation Rights**
Consumers can cancel tourist trips due to unavoidable and extraordinary circumstances, such as armed conflict, according to a UOKiK statement. These circumstances must exist at the destination or in its immediate vicinity and significantly impact the trip’s execution, including transport.
If there are no direct hostilities or Foreign Ministry warnings at the destination but the traveler fears traveling due to the proximity of armed conflict, whether they can cancel without cost depends on the specific circumstances, UOKiK clarified.
Partial Refunds**
If a stay is shortened due to unavoidable and extraordinary circumstances, a customer can claim a price reduction for the uncompleted portion of the trip. However, no additional compensation or damages are due, the Office stated.
Organizer Obligations**
When canceling a contract due to extraordinary circumstances, the organizer must refund all payments made within 14 days. They may offer an alternative date, destination, or voucher, but the customer is not obligated to accept this.
If the organizer cancels the trip itself due to unavoidable and extraordinary circumstances (e.g., airspace closure), they must notify the customer immediately. The consumer is entitled to a full refund of payments made within 14 days of contract termination, without additional compensation.
Organizers also have an obligation to promptly assist travelers in difficult situations. They should provide alternative accommodation; if it is of lower quality, the customer is entitled to a price reduction. The organizer ensures a return home under the same conditions, though “if there is a problem arising from extraordinary circumstances, e.g., lack of flights, accommodation for up to 3 days in comparable conditions is provided.”
Context**
The UOKiK statement relates to ongoing armed conflict in the Middle East. Air traffic has been suspended over parts of this region, and Poland’s Ministry of Foreign Affairs is organizing the evacuation of Polish citizens via military aircraft. Some have already returned to the country.
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