JJudgment of the Regional Court in Opole, 1st Civil Division, dated 12th September 2022
I C 7/21

1. The failure to rest caused the plaintiffs harm within the meaning of Article 445 of the Civil Code and Article 50 of the Act on Tourist Events and Related Travel Services.
2. The amount of compensation demanded by the plaintiffs was too excessive, as it exceeded the costs that the plaintiffs had incurred to purchase the trip.
3. In determining the amount of compensation, the court relied on the so-called Frankfurt Table. This document does not have the value of a legal act in the Polish legal order, but it is generally accepted to use the rates established therein in determining the amount of benefits.

The Regional Court in Opole, 1^st Civil Division, composed of:

Presiding Judge:                  Beata Hetmańczyk, Regional Court Judge

having recognized on 12^th September 2022 in Opole at a session in camera the case brought by [data of 18 group members]

against (…) LLC with its registered office in O.

for payment

1. [data of the 18 members of the group] the amounts of PLN 1000.00 (one thousand 00/100) each as compensation for damages with statutory interest for delay from 29^th December 2020 until the date of payment; and dismisses the remainder of the action for damages;
2. awards from the defendant (…) LLC with its registered office in O. as compensation in favor of the plaintiffs:

a. [data of 1 member of the group] the amount of PLN 2401.50 (two thousand four hundred and one 50/100),
b. [data of 2 members of the group] – jointly and severally – the amount of PLN 3574.00 (three thousand five hundred and seventy-four 00/100),
c. [data of 1 member of the group] the amount of PLN 1702.00 (one thousand seven hundred and two 00/100),
d. [data of 2 members of the group] – jointly and severally – the amount of PLN 4353.00 (four thousand three hundred and fifty-three 00/100),
e. [data of 2 members of the group] – jointly and severally – the amount of PLN 4353, 00 (four thousand three hundred and fifty-three 00/100),
f. [data of 1 member of the group] the amount of PLN 1632.00 (one thousand six hundred and thirty-two 00/100),
g. [data of 1 member of the group] the amount of PLN 3264.00 (three thousand two hundred and sixty-four 00/100),
h. [data of 2 members of the group] – jointly and severally – the amount of PLN 3574.00 (three thousand five hundred and seventy-four 00/100),
i. [data of 1 member of the group] the amount of PLN 3434.00 (three thousand four hundred and thirty-four 00/100);

3. dismisses the claim for damages in the remaining scope;

4. awards from the defendant in favor of the plaintiffs to the group representative A. C. the amount of PLN 3896.00 for reimbursement of part of the costs of the trial, including PLN 1890.00 for the costs of legal representation;

5. award from the group representative A. C. in favor of the defendant the amount of PLN 3510.00 as part of the costs of legal representation.