A Polish Firm Didn't Deliver the Service You Paid For — How to Get Your Money Back

You paid a deposit for a renovation, a delivery, a service, training, or something else. The deadline came and went, and the company either never showed up or abandoned the job halfway through. Or perhaps what they did deliver bears no resemblance to what you paid for. What now? What are your rights, what happens if you paid in advance, and how do you actually force a refund?

This guide is general legal information, not legal advice. How the rules apply depends on your contract, your evidence, and the circumstances — and on whether the matter is consumer, civil, or business-to-business. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer or the relevant specialist. Twoja Sprawa helps you organise the documents for that assessment.

Who is liable when a service isn't delivered?

The first thing to establish is whether you are a consumer or a business.

• Consumer (konsument) — an individual entering into a contract with a company for purposes unrelated to their own business activity. In this case you get consumer protection.
• Sole trader acting as a consumer (przedsiębiorca na prawach konsumenta) — you run a business, but the contract in question falls outside your professional field. You get partial consumer protection.
• Business-to-business (B2B) — a company dealing with another company. Here the ordinary Civil Code rules apply, without the extra consumer protections.

This distinction determines which rules and procedures protect you.

Direct consequences of non-performance

Poland's Civil Code (Kodeks cywilny, KC) provides that if the debtor (the company) fails to perform its obligation, it must compensate you for the loss, unless the failure resulted from circumstances it is not responsible for (Article 471 KC). In practice this means:

• You can demand that the company completes the service on new terms.
• You can claim compensation for extra costs, lost time, or medical costs (if it was a medical service gone wrong), etc.
• If the deadline was essential (e.g. an event on a specific day, a move tied to the end of a tenancy), you can withdraw from the contract and demand your money back.

Advance payment vs deposit — a crucial distinction

Whether you get your money back often hinges on whether the payment you made was an advance payment (zaliczka) or a deposit (zadatek).

The key question: what does the contract call the payment? If it says "zadatek" (deposit), it will be treated as a deposit. If it says "zaliczka" or "przedpłata" (advance payment/prepayment), it's an advance payment, and you're entitled to a refund.

⚠️ In practice, Polish courts tend to treat an unclear payment as an advance payment rather than a deposit. This still needs a lawyer's assessment.

What if the company never started, or is running late?

If the company fails to perform on the agreed date, you can:

1. Set an additional deadline in writing — a letter to the company giving it, say, 7–14 days to start or finish the work.
2. Once that deadline has passed without result — withdraw from the contract (if it's a "work contract", or umowa o dzieło) and claim a refund plus compensation for your loss.
3. If the original deadline was essential — non-performance alone gives you the right to withdraw, without having to set a further deadline first.

All of this is governed by Article 491 KC (for reciprocal obligations) and Articles 635–636 KC (for umowa o dzieło work contracts). But you will need evidence — the contract, correspondence with the company, proof of payment, and so on.

Documents to gather

Before you approach a lawyer or file a complaint, collect:

• The contract (paper, email, text message, a recorded phone call — it all counts).
• Proof of payment — bank statement, transfer confirmation, card receipt.
• The deadline — did the contract specify an exact date? Was it something vaguer, like "within 14 days"?
• Correspondence — emails, texts, WhatsApp messages with the company asking about progress.
• Photos/video — the state of the work (or lack of it), any parts that were completed.
• Witnesses — details of anyone who saw the company fail to show up, or do poor-quality work.
• An estimate of your loss — if another firm has to finish the job, get a comparable quote.

What you may be able to claim

If the company failed to deliver, you may have grounds for:

• A full refund — if the obligation was not performed at all.
• A partial refund — proportionate, if part of the service was carried out.
• Compensation for the cost of repair or completion by another company.
• Compensation for losses (e.g. you lost another contract because of the delay).
• Damages for distress or wasted time — in a consumer contract, or where personal injury is involved.

The amount always depends on the specific circumstances, the evidence, and what a court or settlement ultimately determines. No specific figure can be promised without a proper assessment.

When it's worth involving a lawyer

Get professional advice when:

• The sum is significant (several thousand PLN or more).
• The company goes quiet, or rejects your complaint in writing.
• The contract deadline was essential (an event, a move, launching a business on a specific day) and the company missed it.
• You don't have a clear written contract — only a verbal agreement, a text message, or a note.
• The company threatens to sue you, or claims you are the one at fault.
• There's a cross-border element — settling with a foreign company, or a question of which country's law applies.
• There's no chance of an amicable resolution, and court is the only route left.

When pursuing the claim may not make economic sense

• The sum is below roughly 500–1,000 PLN — court costs (fees, a lawyer) may exceed the amount in dispute.
• You have no evidence — it's your word against the company's; a court needs to be convinced.
• The company no longer exists — deregistered from the Polish business register (GUS), with no assets. Even if you win, there's nothing to enforce against.
• The contract expressly allows the company to withdraw — some B2B contracts contain such clauses to cover fluctuating market conditions.

Common mistakes clients make

• No written contract — "we agreed verbally". This makes proving your case in court much harder.
• No proof of payment — paying cash, with no receipt. Hard to prove how much you actually paid.
• Missing the right timing for a complaint — waiting too long before raising it (as a rule: send a formal demand first, then sue).
• Skipping the formal demand — going straight to aggressive action instead of giving the company a fair chance and a deadline.
• Overstating the loss — "I lost my whole team, a contract worth 100,000 PLN" — without evidence, this undermines your credibility.
• Airing the dispute publicly — posts about the company on social media or forums can amount to defamation.
• Paying the "full amount" to a private individual — no receipt, no invoice; nothing to back up that a contract even existed.

Checklist for building your case

• [ ] Get a copy of the contract (paper original, scanned email, text message, notes from a call).
• [ ] Collect proof of payment (bank statement, receipt, transfer confirmation).
• [ ] Take photos/video of the state of the work (incomplete or missing entirely).
• [ ] Pull together correspondence with the company (emails, texts, WhatsApp).
• [ ] Establish the agreed deadline versus what actually happened.
• [ ] Get a comparable quote from another company (if the work needs finishing).
• [ ] Gather witness details (anyone who saw the state of the work).
• [ ] Draft a formal demand letter for payment/performance (in writing, with proof of delivery or a read-receipt email).
• [ ] Wait for a response (as a rule, at least 7–14 days).
• [ ] Keep a record if the company fails to respond.

Frequently asked questions

Can I claim a refund if the company completed part of the service? In theory, yes, but proportionate to what was left unfinished. A court will look at whether the completed part has any value to you on its own. If they finished 50% of the work but it's worthless to you without the rest, you may be able to recover the full amount. It all depends on the specific contract and situation.

How long do I have to give the company to fix things? Usually at least 7–14 days to respond to a formal demand. For more complex services, it can be longer — say, 30 days. It should be a reasonable, specific number of days, not a vague "soon" or "as quickly as possible".

What if the company claims it's my fault? That becomes a matter for the court. You will need to prove your version with evidence, which is exactly why it's worth gathering as much documentation as possible while the dispute is still fresh.

Can I go to a consumer ombudsman (rzecznik konsumentów)? Yes, if the matter is a consumer one (you as an individual versus a company). The ombudsman can raise the issue with the company, but this isn't an enforcement procedure — it's informational pressure. You still need to go to court yourself (or through a representative) to actually enforce the claim.

How long do I have to file a claim? Generally 6 years from when the matter became clear (Article 118 KC). But don't wait — the fresher the evidence, the stronger the case.

Last reviewed: 26 June 2026.

Related articles: - Service delivered but not as agreed — how to complain step by step - Company ignoring your complaint — when to send a formal demand letter? - Advance payment, deposit or prepayment — what can you recover after an undelivered service? - How to put together an evidence pack for a dispute with a company?