- III CZP 79/10
- Supreme Court of Poland
TRAVEL AGENCY CONTRACT - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE DOMESTIC LAW (POLISH LAW)
TRAVEL AGENCY CONTRACT - CUSTOMERS REQUEST FROM TRAVEL AGENT COMPENSATION FOR THE NON-PECUNIARY DAMAGE SUFFERED DUE TO THE IMPROPER PERFORMANCE OF TRAVEL CONTRACT - COMPENSATION AWARDED - REFERENCE TO ARTICLE 7.4.2 UNIDROIT PRINCIPLES
"The claimants sought compensation from the organiser of their holiday for the non-pecuniary damage they suffered due to the improper performance of the travel contract (so-called ‘wasted holiday claim’).
The Supreme Court discussed whether the relevant Polish statute allowed the award of such damages. It ruled that it did. In its reasoning, the court made reference to UNIDROIT Principles indicating that pursuant to their Article 7.4.2, the aggrieved party was entitled to full compensation for harm suffered as a result of the non-performance. The court explained that such harm includes both any loss which it suffered and any gain of which it was deprived, taking into account any gain to the aggrieved party resulting from its avoidance of cost or harm. Such harm may be non-pecuniary and could include emotional distress or physical suffering, among other matters."
(cf. T. Wardyński / K. Przygoda in "Perspectives in Practice of the UNIDROIT Principles 2016", IBA Publication 2019, p. 281)