532 TOURISM LAW IN EUROPE contracts on travel services (especially consumers), particularly including rules of liability due to non-performance or improper performance of contracts; and thirdly, to ensure the protection of tourists caused by damage on other legal grounds. Their primary function is to ensure adequate safety and security for tourists. Of course, general legal regulations also apply in this respect3. In some areas, due to the specific nature of tourism and the needs that exist in this area, they are not sufficient and require the adoption of additional legislation, which is a factor generating legal standards that apply directly to tourism, further forming the core of tourism law. As is known, regulations relating to the protection of travellers have been long established. This is different in the case of regulations on tourism, which have a much shorter history. Leaving aside earlier times, it is worth noting that in Poland, as early as during the interwar period (1918-1939), the need to enact a law regulating the issue of tourism was noticed4. For obvious reasons, the development of tourism in Poland was drastically restricted during World War II (1939-1945). After that time, tourism in Poland developed in a manner characteristic of socialist countries. It was mainly of domestic nature. Trips abroad were largely limited, taking place mainly in the Eastern Bloc countries. This also affected the interest of researchers dealing with the legal aspects of tourism. Even under these circumstances, problems with tourism law were increasingly visible in case law, as well as in academic doctrinal considerations5. It is also worth noting that at that time, the notion of tourism, unlike now, appeared in the constitution that was then in force6. According to its Article 69(3)7: “The organisation of holidays, the development of tourism, health resorts, sports facilities, community centres, clubs, day-care centres, parks and other leisure facilities shall create opportunities for healthy and cultural leisure for wider masses of the working people of towns and villages”. It is also worth 3 The most up-to-date study on the basics of Polish law in English is the work: W. Dajczak, T. Nieborak, P. Wiliński (eds.), Foundations of Law. The Polish Perspective, Warsaw 2021. 4 See L. Ćwikła, Prawne aspekty rozwoju turystyki w Polsce [Eng. Legal Aspects of Tourism Development in Poland], Lublin 2011, p. 311 et seq. 5 Discussed in more detail: J. Sondel, U początków prawa turystycznego. Zarys problematyki (1945-1989) [Eng. The Origins of Tourism Law. An Outline of Issues (1945-1989)], [in:] P. Cybula, J. Raciborski (eds.), Turystyka a prawo. Aktualne problemy legislacyjne i konstrukcyjne [Eng. Tourism and the Law. Current Legislative and Structural Issues], Sucha Beskidzka - Kraków 2008, p. 9 et seq.; J. Sondel, O początkach i rozwoju doktryny prawa turystycznego [Eng. On the Origins and Development of the Tourism Law Doctrine], “Prace Komisji Historii Nauki PAU” 2014, Vol. XIII, p. 31 et seq. 6 Constitution of the Polish People’s Republic of 22 July 1952. 7 As amended by the announcement of the President of the Council of State on 16 February 1976, consolidated text Dz. U. [Journal of Laws] 1976, No. 7, item 36.
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