IN MEMORY OF PROFESSOR WŁODZIMIERZ WŁADYSŁAW GAWORECKI (1933-2020)

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REFUND FOR CANCELLED TRAVEL DURING THE PANDEMIC: COMMISSION DECIDES TO REFER SLOVAKIA TO THE COURT OF JUSTICE

Purpose. The purpose of the article is to assess the conformity of the Slovak solutions with regard to refunds for cancelled travels and their conformity with EU law, i.e. the Package Travel Directive. In the article, the position is analysed of the European Commission and its reflection to Slovak legislation on refunds of travels after cancellation of the breach concerning travels by the travel agencies. Method. Legal analyses regarding the Slovak amendment of Package Travel Act and comparison of its provisions with the Package Travel Directive. Findings. In the article, the way is described as to how the Slovak legislator solved the reimbursement for cancelled travels due to pandemic situation. Also provided is the statement regarding the reasoned opinion of the European Commission that followed the adoption of the amendment of the Slovak Package Travel Act. The authors analyse compatibility of the COVID PTA Amendment with European Union law. In the article, it is described that due to time constraints set by the COVID PTA Amendment for refund because of cancelled travels, non-compliance with EU legislation had probably expired by September 2021. Research and conclusions limitations. The research was focused on EU (Package Travel Directive) and Slovak legislation (Package Travel Act) and assessment of compliance of Slovak with EU law. Practical implications. The article draws attention to the question whether some effects of the COVID PTA Amendment will persist after September 2021 provided that the topical purpose of this legislation to postpone refund for travellers has already been accomplished by setting the deadline for 14 September 2021. Secondly, it raises the question of possible damage suffered by the individuals due to the breach of EU law by the Slovak Republic. Originality. As the article is focused on the most current situation, this topic has not been discussed by other authors in other studies. The authors assume a view that makes assessment regarding legality of the Slovak amendment for Package Travel Act with EU law. Type of paper. Research paper.

THE POLISH SAFETY MODEL FOR CHILD AND YOUTH TOURISM – LEGAL ASPECTS

Purpose. Analysis of the legal solutions adopted in Poland relating to the ensuring safe practice of various forms of tourism during the school year when the school acts as a tour operator and in the period free from classes, when recreation is organised by entities conducting economic activity. Method. The implemented methods is critical analysis of legal acts and literature on the subject. Results. In the study, the necessity is shown to modify the adopted legal solutions in order to clarify the responsibilities of the school headmaster, in terms of ensuring the safety of school trip participants by teachers, depending on the type of tourist activity, especially in relation to active tourism. On the other hand, the recreation of children and adolescents is based on the provision of appropriate staff with the appropriate authorisation, and on the control activities of state bodies and relevant services. Research and conclusion limitations. Analysis of specific legal regulations and selected general regulations, which indirectly relate to the safety of organizing activities when it comes to children and youth tourism. Practical implications. In the research, it has been shown that the school principal, as the entity responsible for ensuring the safety of students during events and excursions organised by the school, has to rely on too general provisions of the legislation, especially with reference to the number of teachers in relation to the number of students under their direct care, without taking into account the particular form of excursion within the framework of active tourism. Originality. The article is an attempt to synthesize the problem of the model of safety adopted in Poland for school tourism and recreation of children and adolescents in the period free from classes. Type of work. In the article, the results of theoretical research are presented.

USE OF PASSENGER LOCATION CARDS IN THE ERA OF THE COVID-19 PANDEMIC, AND THE PROCESSING OF PERSONAL DATA OF AIR PASSENGERS

Purpose. The aim of the article is to analyse the processing of personal data of air passengers during the SARS-CoV-2 pandemic in the context of doubts that have arisen in connection with the need for these passengers to provide their personal data as part of filling out the Passenger Location Card questionnaire. Method. The research method used in this study is case study. Findings. In the study, it was showed that firstly, the data of air passengers processed in relation to the application of the Passenger Location Card by the State Border Sanitary Inspectorate in Warsaw should be protected under the provisions of the General Regulation on the protection of personal data. Furthermore, their controller, i.e. the State Border Sanitary Inspectorate in Warsaw, did not fulfil its obligations in this regard. This, in effect, justifies the conclusion that the processing process not in accordance with the law on the protection of personal data. Research and conclusions limitations. The analysis concerned only passengers of aircrafts arriving and/or departing from airports located on the territory of the Republic of Poland. Practical implications. The analysis carried out in this study may provide a solution to the issues that have arisen in the public sector with regard to the processing of personal data collected from air passengers on the basis of the Passenger Location Card questionnaire and thus, the conclusions may prove useful for data controllers who should be aware of such problems, but also for air travellers as data subjects who should be protected by the General Data Protection Regulation and their rights in this regard. Originality. This analysis, if only for the reason that it is an analysis of a problem that has come to light relatively recently (March 2020), has so far, only been the subject of consideration in press articles.

From the Editor

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POLISH REGULATORY POLICY AIMED AT COUNTERACTING ALCOHOLISM AS AN ELEMENT OF ENSURING SAFETY IN TOURISM – THE CASE OF TRAVEL INSURANCE

Purpose. The aim of the article is to assess whether the current legal framework on travel insurance contracts allows the regulations in question to be included in the legal instruments that both ensure safety in tourism and constitute an element of the regulatory policy aimed art counteracting alcoholism and the negative effects of alcohol consumption. Method. The main method used in the submitted article is the legal dogmatic method, which, however, is not used in the strict sense. Additionally, analysis of the normative text is supplemented with the author's independent reference to judicial decisions and legal doctrine. Findings. Analysis of legal regulations and judicial decisions allows to indicate that the structure of travel insurance makes it an element of the regulatory policy aimed at counteracting alcoholism. Accidents can often be classified as insurance events within the meaning of various types of insurance contracts, including travel insurance. Therefore, the structure of these agreements cannot assume the form of a specific sanction for alcohol consumption. However, to ensure the fullest possible safety in tourism, insurance events of this type should not be excluded from the liability of insurers without deeper reflection on the purpose of this kind of protection, also within the context of the policy aimed at counteracting addictions and their effects on health and life. Research and conclusions limitations. The legal analysis is focused on the Polish legal regulation of the issue. Practical implications. The conducted research may be an indication for the creation of mandatory regulations regarding travel insurance contracts, as well as the content of the contracts themselves and general insurance conditions. Originality. Research on regulatory policy that is rarely of interest to legal scientists. Type of paper. In the article, theoretical concepts are presented. This text is an overview in nature.

REGARDING THE ACTIVITY OF A NATIONAL PARK DIRECTOR IN ENSURING THE SAFETY OF TOURISTS VISITING NATIONAL PARK AREAS

Purpose. The aim of the article is to analyse a national park director's legal position, roles, tasks and legal forms of operations in ensuring the safety of tourists visiting a national park. The objective of this analysis is also to determine whether the legal position, competencies and legal forms of activity at the disposal of the national park director are sufficient to ensure the safety of tourists visiting the national park. Method. The theoretical nature of this article determines the choice of research methods and their application. A dogmatic method (analytical and dogmatic) involving legal exegesis using linguistic and non-linguistic rules of legal interpretation is the predominant method applied in the article. Findings. The national park director’s legal status (including his/her position in the system of administering entities) is not clearly defined by the legislator and therefore, raises doubts. The legislature has not explicitly included this entity into the local authorities of consolidated and non-consolidated government administration. The legislator defines a national park director as a national park authority and a nature protection authority, directly indicating that this authority performs the tasks of a regional director aimed at nature protection within the national park area. The director of a national park may be classified as an administering entity, or on account of his/her tasks and powers, a public administration authority in a functional sense. However, it is misleading to treat national park directors as public administration authorities sensu stricto, i.e. the authorities who are part of the state machinery (authorities acting directly on behalf of the state or local self-governments), whose basic and, in principle, sole purpose is to perform public administration tasks (e.g. minister, province administrator, commune head). However, some authors consider national park directors to be public administration bodies sensu stricto [Makuch 2020, p. 527]. It has been confirmed in research that there is great diversity concerning tasks, powers and legal forms of operations at the disposal of a national park director, which can be used to ensure the safety of tourists visiting national parks. These are legal and factual activities of regulatory and non-regulatory nature. The tasks and competencies of national park directors include, first of all, protecting national park resources (environmental protection), which is the essence of their existence, and also providing access to national parks so as to ensure the safety of people who visit them. Research and conclusions limitations. The author focuses on analysis of the national legal framework. The origin of institutions and comparative legal analyses have been omitted. Practical implications. In the research, the current legal status is shown, and this can be considered the basis for further legislative work. Originality. To date, research on the national park directors' tasks, roles and legal forms of operation in ensuring the safety of tourists visiting national parks has been very scarce. Most of such issues are raised while discussing wider problems related to nature protection as well as tourism, and are not subject to in-depth examination [Wolski 2010, pp. 75-83]. In this context, it is worth noting that not only the national park directors' tasks and legal forms of activity require detailed analysis and evaluation, but their status in the state system and position in the system of administering entities as well. The current findings in this field are not sufficiently comprehensive and require further clarification. Type of paper. The article presents some theoretical concepts. It is a general overview article.

THE ISSUES OF EVIDENCE FACILITATION IN THE REGULATION OF PACKAGE TRAVEL AND HOTEL SERVICES IN THE CONTEXT OF PROTECTING TRAVELLERS AND TOURISTS

Purpose. The aim of the article is to show the significance and diversity of legal constructions concerning the facilitations of proof in provisions regulating package travel and hotel services in the context of protecting travellers and tourists. Method. Analysis regarding the regulation of package travel and hotel services including the facilitations of proof are carried out using the formal-dogmatic and legal comparison method. The comparative method has a significant meaning for the proper interpretation of provisions regulating package travel and hotel services due to the interpenetration of national and international regulations. In the process of recreating norms from legal provisions, it is therefore helpful to analyse their similarities and differences. Findings. The provisions regulating package travel and hotel services include the facilitations of proof which improve the legal situation of travellers and tourists, as well as ensuring their protection. Research and conclusions limitations. There is no comprehensive study on facilitations of proof in the regulation of package travel and hotel services in literature on the subject. Practical implications. Conclusions resulting from the article will allow to determine the proper nature of the provisions referring to the facilitations of proof in the regulation of package travel and hotel services, which will enable their proper application in practice. Originality. The issue of the facilitations of proof in the regulation of package travel and hotel services has not been comprehensively researched so far. Type of work. Problem article.

BOOK REVIEW: "MANAGEMENT IN CULTURAL TOURISM" BY ARMIN MIKOS VON ROHRSCHEIDT, BOGUCKI Scientific Publishing, Poznań 2020

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Approaches to Tourism Research and Higher Education in Slovakia after 2010

Purpose. The aim of the article is to analyse the development and trends of tourism research and education in Slovakia. Its partial objective is (1) to present the development of tourism research before and after socio-political changes in Slovakia in 1990, and (2) to evaluate the trends in tourism research according to research projects and related dissertation and habilitation theses from 2010 to 2020. Methods. Based on a critical review of the research project, analysis of dissertation and habilitation theses, in the article, we examine trends in tourism research and education at academic institutions that have been focused on tourism between the years 2010 and 2020. Findings. In the article, a brief overview of tourism research and higher education in Slovakia is presented and based on the research projects and related dissertations and habilitation theses identifying trends in tourism research. Research and conclusions limitations. Research limitations concern data availability regarding trends in tourism research as well as the application of the literature review method, which solely relies on previously published research and the availability of these studies. Practical implications. In the article, possible further directions for tourism research in Slovakia are proposed. Originality. In the article, we present the approaches to tourism research and higher education in Slovakia after 2010. The development and history, as well as trends in tourism research, require more attention from tourism researchers. Without systematic tourism research in the past, there would be no present or future of tourism education. Type of paper. Empirical research.