Ministry of Sport and Tourism 
Secretary of State
Ireneusz Raś

DT-WLRRT.052.84.2026 

Warsaw, 15 May 2026 

Position of the Ministry of Sport and Tourism on the entry of establishments operated by non-business operators into the register of other establishments where hotel accommodation services are provided

In connection with the doubts that have arisen regarding the application of the Act of 29 August 1997on hotel accommodation services and services of tour leaders and tourist guides (Journal of Laws of 2023, item 1944), hereinafter referred to as the “Act on hotel accommodation services”, and the Regulation of the Minister of Economy and Labour of 19 August 2004 on hotel establishments and other establishments where hotel accommodation services are provided (Journal of Laws of 2017, item 2166), issued pursuant to the said Act and for the purpose of its implementation, I would like to provide the following information. 

According to Article 1 of the Act on Hotel Accommodation Services, the Act lays down the rules for the provision of hotel accommodation services and services of tour leaders and tourist guides on the territory of the Republic of Poland, as well as abroad if contracts for the provision of such services are concluded on the territory of the Republic of Poland. In this context, it should be noted that the previous wording of the provision, which was binding prior to the amendment introduced by the Act of 24 November 2017 on package travel and linked travel arrangements (Journal of Laws of 2017, item 2361), explicitly limited the applicability of the Act on hotel accommodation services solely to business operators. As pointed out, the limitation no longer exists and the Act on hotel accommodation services may, in principle, be applied to all entities providing hotel accommodation services, including natural persons who do not carry out business activity within the meaning of the Act of 6 March 2018 - Law on business operators (Journal of Laws of 2025, item 1480, as amended). 

This is not altered by Article 39(3) of the Act on Hotel Accommodation Services. According to that provision, before starting to provide accommodation services at an accommodation establishment referred to in Article 35(2), a business operator or a farmer shall have the establishment entered in the register referred to in Article 38(3). The provision thus requires a business operator or a farmer to register their establishment in the register of other establishments where hotel accommodation services are provided. Yet, it does not follow from the provision that establishments operated by entities that are not business operators or farmers may not be entered in the register. Similar comments apply to the aforementioned Regulation implementing the Act on Hotel Accommodation Services. 

Therefore, if an entity that is neither a business operator nor a farmer applies for the entry of another establishment where hotel accommodation services are provided into the above-mentioned register, there are no legal obstacles to its registration. 

In conclusion, the currently binding regulations governing the provision of hotel accommodation services do not prevent establishments operated by providers who are not business operators or farmers from being entered in the register, provided that the operator has filed an application for such entry. 

Finally, I would like to emphasise that this position may not be viewed as a binding interpretation of the law, for which the Minister has no powers, but merely as information on the currently applicable regulations. 

Ireneusz Raś 
Secretary of State