Legal Literature

Package Travel Directive, Article 2, 2.

The article deals with the institution of the travel agency and commodity broking within the scope of tourism services.
The author points out that the question of travel agencies is not comprehensively analyzed in legal literature. The article addresses provisions of law that regulate travel agencies and their role in the tourism services market, and also discusses problems concerning this kind of activity.

Firstly, the author provides a comprehensive analysis of the position of travel agencies in the light of the Act of 29 August 1997 on Tourism Services. It is pointed out that there are many types of entities providing tourism services on the market, i.e. organizers, travel agencies and travel agents .

Subsequently, the author analyses the legal character of the tourism contract in the context of travel agencies and the role of those agencies as a proxy or as a subsidiary substitute .

The article addresses issues related to the liability of a travel agency for the non-performance or improper performance of a contract with a client. The author also compares the principles of liability of travel agents and liability of tour operators, indicating similarities and differences between their activities.

In the last part of the article, the author proposes some changes to the Act on Tourism Services and what they would mean in the context of the implementation of Directive 90/314/EEC.