THE COMPENSATION FOR WASTED HOLIDAYS

Abstract

This article concerns compensation for wasted holidays, an issue which has existed for some time in Polish contract law but wasn’t effectively resolved by Polish jurisdiction until the judgment of polish supreme court from 19th November 2010, which sets a new quality of protecting the consumers from suffering moral damages, being result of not fulfilling or inadequate performance of contract by travel agencies. The article contains definition of wasted holidays, identification of moral damages and circumstances which causes it, delivered by jurisdiction of Polish and foreign courts. Also, it matters legal qualification of responsibility of travel agencies, legal qualification of damages caused by not fulfilling or inadequate performance of contract and short analysis of Polish regulations, which don’t provide unambiguous basis to adjudge compensation for wasted holidays. Lastly, it concerns aforesaid decision of Polish Supreme Court, in which court states that there is clear basis to rule such compensation taking into consideration European Union regulations, axiology of polish legal system and achievements of Polish legal doctrine.