UNFAIR TERMS IN TRAVEL CONTRACTS

Abstract

The subject of this research is the unfair terms in contracts concluded between consumers and travel agencies. Unfair terms give rise to the need for consumer rights protection due to the violation of the principles of good faith and fairness in contract conclusion. These terms are integrated into the general terms and conditions of travel agencies and primarily serve the interests of the agencies, often to the detriment of the users of their services. The most common examples of unfair terms found in contracts with travel agencies include: limitation of the agency's liability, imposition of policies that exclude the possibility of refunds, as well as terms that allow unilateral changes to the conditions by the agency without consulting the consumer. This paper analyses the types and nature of unfair terms, their impact on consumers, and the legal provisions that regulate them. Through a comparative analysis of domestic and international legislation, the paper examines how consumers can be protected, with particular attention given to the role of international institutions in addressing this issue. Special focus is placed on the principles of unfair commercial practices in the provision of services offered by travel agencies. The aim is to highlight the problematic aspects of these contracts and propose measures to improve consumer rights, with an emphasis on the right to fair contractual terms and equality in the negotiation process preceding the conclusion of the contract. Additionally, this paper analyses unfair terms in the Anglo-Saxon and European legal systems, using a comparative method to explore the differences between them.