Dochodzenie roszczeń wynikających z umów o świadczenie usług turystycznych w aspekcie międzynarodowym
Ładowanie...
Data wydania
2011
Autorzy
Tytuł czasopisma
ISSN
1643-8299
eISSN
Tytuł tomu
ISBN
eISBN
Wydawca
Oficyna Wydawnicza AFM
Abstrakt
Tourism is nowadays predominantly international. This trend was begun somewhere
about the second half of 20th Century and there is not any indications towards
change it at the moment. This is not only a consequence of integration of European Union
states, including free fl ow of person, but also still progressive globalization process.
Therefore, the majority of contracts within the scope of tourist services is cross-border
or includes international component. On the background of this type of contracts can
arise tourist’s claims against tourist services providers as well as the latter against their
subcontractors (hotel owners, tourist guides, carriers, etc.). Taking into account practical
aspects in case of coming to existence these kind of claims, there is usually necessary to
considered two main points. It has to be determined both law applicable to the contract
and competent court. Mentioned above point of view is practical, because in accordance
with the views of doctrine, law applicable to the legal relationship shall be considered irrespectively,
even if the relationship does not include any foreign components.
To consideration both cases mentioned above normally will be appropriate European
Union acts applicable directly. In relation to the applicable law it is Regulation (EC)
593/2008 of the European Parliament and Council of 17 June 2008 on the law applicable
to contractual obligations (Rome I). Competent court shall be considered in accordance
with Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the
recognition and enforcement of judgments in civil and commercial matters (Brussels I). The majority of tourist services contracts is concluded by consumers, what was refl ected
in mentioned regulations as well. From the application of those regulations as well as previous
acts (especially Brussels Convention) aroused a lot of particular questions and interpretational
issues. Both the views of doctrine and jurisprudence, especially judgments
of the Court of Justice of the European Union are very useful to consideration mentioned
issues. This article was dedicated questions arising from the consideration of applicable
law and competent court with respect to contracts on tourist services.
Opis
Tematy
Słowa kluczowe
tourism, international, globalization, tourist services contract, claims, conflict of laws, proper law, competent court
Źródło
Państwo i Społeczeństwo 2011, nr 1, s. 37-64.