May Day is tomorrow. Tired of sitting at home and encouraged by the weather, we wonder if any form of rest is currently possible? Many of us probably have already booked and paid for the May weekend in the mountains, by the sea, in Mazury. Is there any chance to use paid reservations?
Please note that restrictions regarding restrictions on the provision of hotel and catering services still apply. We already know with certainty that they will not be lifted or even ‘loosened’ on the weekend of May 1-3, so all previously booked accommodation will not be possible.
Do the restrictions apply only to hotel or private accommodation?
Restrictions explicitly mention hotel services. In accordance with art. 3 ust. 1 point 8 of the Act on hotel services and services of tour leaders and tourist guides – wpml_invalid_tag hotel services” is short-term, generally available rental of houses, flats, rooms, accommodation places, as well as places for setting tents or car trailers and providing within the facility, related services. ” It is clear from the above that any accommodation, including private accommodation or camping sites – cannot be implemented at present.
Advance payment for hotel stay
Based on Article. 15zp ust. 1 of the Act of March 2, 2020. on specific solutions related to the prevention, prevention and combating of COVID-19, other infectious diseases and crisis situations caused by them, an entrepreneur conducting activities related to the organization of exhibitions and congresses, including the provision of premises and space for trade fairs, trainings, conferences or exams, as well as conducting cultural, entertainment, recreational and sporting activities or organizing thematic exhibitions or outdoor events in the event of termination of the contract with the client, including the provision of additional services related to the provision of space or rooms, which termination of the contract is directly related to the negative effects of COVID -19, is obliged to return the funds paid to him by the client within 180 days from the date of effective termination of the contract. Ust. 4 of this provision indicates that the above provision shall apply accordingly to an entrepreneur or farmer providing hotel services within the meaning of the Act of 29 August 1997. on hotel services and services of tour leaders and tourist guides.
In view of the above, it is necessary to terminate the contract, and the entrepreneur providing hotel services must return the funds paid, as an advance payment for the planned stay, within 180 days of the effective termination of the contract.
If we have booked our stay via accommodation booking platforms, let’s first check what solutions they propose to our clients. For example, booking.com has called facilities that offer accommodation through it to reimburse consumers for costs incurred so far, if due to force majeure (epidemic) they cannot use the reservation. He also gave up the commission.
The current situation of hoteliers and other entities providing accommodation services is currently very difficult. However, as customers, we can help them survive. Based on Article. 15 zp ust. 2 i 3 ww. of the Act, the given entrepreneur may offer the customer a voucher to be implemented for future bookings within a year of the day on which the stay was to take place, for which the customer paid. If the customer agrees to the voucher, then the termination of the contract is not effective. The voucher value cannot be lower than the amount paid for the implementation of the existing contract by the customer.
Many entities wanting to encourage customers to change their dates of stay, together with the voucher, offer additional discounts or free services. It is therefore worth considering whether instead of a long May weekend, do not choose a long weekend in November or a trip with the family for the holidays. We can also rebook this year’s picnic to May 2021.
Lawyer Aleksandra Tabędzka
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