Judgment of the Regional Court in Wrocław, 1st Civil Division, dated January 11, 2024
I ACa 100/23P
- The amount of damage should be determined based on the ratio of the value of the lost part of the service to the value of the entire tourist event. As a rule, this should be assessed from the perspective of an average participant in an event with a specific purpose and program. In the event of difficulties in determining the damage, the court may apply Article 322 of the Code of Civil Procedure, which states that in a case for damages, if the court finds that it is impossible, extremely difficult, or obviously pointless to prove the exact amount of the claim, it may award an appropriate sum in its judgment based on its assessment of all the circumstances of the case.
- The Frankfurt Table has not been implemented in Polish legislation, but it is not inadmissible for courts to refer to it. It is the main indicator helpful in calculating the amount of compensation for non-performance or improper performance of a tourist service.
- The claim for compensation is strictly individualized, but circumstances such as the purpose of the trip (e.g., a honeymoon or anniversary trip), traveling with a small child, or traveling while pregnant are of little significance.
The Court of Appeal in Wrocław, 1st Civil Division, composed of:
Presiding Judge: SSA Adam Jewgraf, having examined on January 11, 2024, in Wrocław, at a hearing the case brought by [details of 21 members of the group] against (…) Sp. z o. o. in O. for payment
as a result of the defendant’s appeal against the judgment of the Regional Court in Opole of September 5, 2022, file ref. no. I C 235/19,
- dismisses the appeal;
- orders the defendant to pay the plaintiffs, through the representative of the group E. L., PLN 4,050 as reimbursement of the costs of the appeal proceedings.
