Consumer’s guide – Drones were falling from the sky. Tourists couldn’t get back to Poland.

Holidays should end with memories, not with nervously checking departure boards and news of further rocket attacks. However, this was the situation one of the residents of our district found herself in, returning from Thailand with her family. Instead of the planned return to Poland, she remained in Bangkok for an additional five days, while the world was abuzz with news of armed conflict in the Middle East, airspace closures, and canceled flights. While at first glance one might say, “she got five extra days of vacation for free”, the reality turned out to be much more complicated. The matter was brought to the attention of the District Consumer Advocate. The consumer purchased a package tour to Thailand with her family. The return to Poznań was scheduled for March 1, 2026. Unfortunately, due to the sudden escalation of the armed conflict in the Middle East, serious disruptions in air traffic occurred. Airlines were canceling or changing flights, and carriers had to constantly adjust flight routes to the changing security situation. Ultimately, consumers did not return to the country until March 6. In such situations, many travelers wonder: is the tour operator responsible for everything that happened during the trip? The answer is: not always. The Act on Package Tours provides that the organizer is responsible for the proper performance of the contract, but may be exempt from liability for damages if the non-performance or improper performance of the contract was due to unavoidable and extraordinary circumstances. Armed conflict, airspace closures, or flight safety threats fall into such categories. However, this does not mean that the organizer can leave tourists to fend for themselves. They have an obligation to provide travelers with necessary assistance and ensure care until a safe return is possible. In the case described, consumers were provided with accommodation, meals, and insurance coverage throughout the entire waiting period for their flight. So why did the consumer feel aggrieved? Because the five extra days spent in an exotic country were not an extension of her vacation, but a source of real problems. Due to the delayed return to the country, she was forced to be absent from work, resulting in a reduction in her salary. Additionally, she purchased additional days of private insurance and left her 92-year-old mother in Poland, with care organized only until the planned return date. Each new flight schedule change meant the need to rearrange care for the elderly woman and increasing uncertainty about the return date home. The consumer also pointed out that, based on the information she had, some tour groups returned to Poland earlier, including to Katowice and Warsaw. During the mediation process before the District Consumer Advocate, the entrepreneur confirmed that such flights did indeed take place, explaining at the same time that the available seats were very limited and the planes were fully booked. The organizer also indicated that the possibility of organizing alternative connections was limited at that time due to safety concerns and the limited number of flights from Asia to Europe. After the mediation process conducted by the District Consumer Advocate, despite maintaining the position that they were not responsible for the consequences of the armed conflict, the entrepreneur decided to offer a settlement to the consumer. They agreed to compensate for the lost wages and the cost of additional insurance by awarding a voucher worth 1,880 PLN to be used for the purchase of another package tour. Such a resolution deserves recognition. Although the entrepreneur maintained their stance that the delayed return was due to extraordinary and independent circumstances, they decided to propose a settlement to the consumer. Thanks to the mediation conducted by the District Consumer Advocate, the parties avoided further conflict, and the consumer received compensation for the incurred costs. It is worth remembering that each consumer case is different and requires an individual assessment of the factual circumstances and legal provisions. Just because an entrepreneur decides to make concessions in one case does not mean that a similar decision will be made in every situation. In case of doubts about their rights, consumers can seek free assistance from the District Consumer Advocate, who will analyze the case, explain the rights available, and help assess possible further actions. Milosz Niedzwiecki