„Irregularities have occurred in all companies" – the Office for Competition and Consumer Protection summarises inspections in amusement park facilities. The critical opinion of the UOKiK indicates that the use of unauthorised practices is a standard in such centres.
„Entrance to the park takes place on its own responsibility’ – this first from the shore an example of contractual records used unlawfully in rope park facilities or amusement park. The President of UOKiK suggested that the reason may be lack of knowledge or careless copying of unauthorised contractual records.
„Buying a ticket means accepting these Regulations" – such a record seems fair again, even though it is illegal. The entrepreneur is obliged to allow the client to read the terms and conditions before concluding the contract (here buying the ticket). If he does not do so, such a record will not bind the consumer to content he could not see.
Typical abuses that occur commonly
UOKiK lists on its website examples of prohibited records most commonly found in amusement parks. Some entrepreneurs use a design that looks like a guarantee of no responsibility. "Entering the park is on its own responsibility" – such a record appears to be a fair setting of the case, but it is illegal.
UOKiK explains that the contract cannot exclude the liability of the entrepreneur for damage to the person caused by his negligence. If the owner of an amusement park, for example, does not apply adequate safeguards, such a record will not prevent him from suing in the event of an accident.
„Buying a ticket means accepting these Regulations" – such a record seems fair again, even though it is illegal. The entrepreneur is obliged to allow the client to read the terms and conditions before concluding the contract (here buying the ticket). If he does not do so, such a record will not bind the consumer to content he could not see.
„Parents or carers bear full responsibility for any damage caused by their subjects" – such a rule seems simple and logical, but legal regulations do not allow such simplification of liability rules. UOKiK explains that the consumer cannot be held liable for any possible damage. Each material injury must be assessed individually, taking into account the degree of guilt. For example - it cannot be excluded that the customer will receive accessories that look functional, but have a hidden defect. In such a case, there is no reason to automatically assign responsibility for damage to the consumer. Even when the rules of procedure so provide.
„The manager of the building is not responsible for the leftover items" - UOKiK points out that in the event of the loss of things, for example, in a fair town the entrepreneur is "bound" only by good custom, i.e. he should take some steps to find the owner.
In the case of things left in the locker room the responsibility looks different – the legal responsibility of the entrepreneur. This rule cannot be reversed by a contractual provision.
Not all have accepted the recommendation of the UOKiK
Most of the amusement parks audited decided to change the contractual provisions criticized by the UOKiK, so as not to violate consumer rights. However, a costly procedure has been initiated for some. The financial penalty may be significant and extend to 10% the turnover of the undertaking from the previous financial year.