Court of Justice: Full refund possible in case of poorly executed package tour
If a package holiday is not carried out properly, the traveller may be entitled to a full refund. This also applies if some parts of the trip have been delivered. Are the errors so serious that the trip no longer serves its purpose and no longer has value for the traveller? Then they can ask for a full refund. This has been determined by the Court of Justice of the EU in a court case from Poland.
No access to facilities due to demolition work at the hotel
Two Polish travellers book an 'all-inclusive' holiday in a five-star hotel in Albania. The day after arrival, they wake up to loud demolition noises. By order of the Albanian authorities, the hotel's two swimming pools are being demolished. This work will last four days, from 7.30 am to 7.30 pm. During that time, the hotel guests cannot use the swimming pools, promenade, or access to the sea.
The guests also have to wait a long time for their meals because there is not enough food available. The afternoon snacks are scrapped altogether. In the final three days of their stay, construction begins to add a fifth floor to the hotel.
Polish court asks for an explanation of European package travel rules
The travellers take their case to the Polish court. They demand full reimbursement of the travel sum and compensation. The judge asks the Court of Justice to explain how the European rules for package travel should be applied.
Court of Justice
The Court ruled that a traveller is entitled to a full refund if the travel services were not performed or were performed poorly. This also applies if some services have been provided, but the poor execution is so serious that the trip no longer serves its purpose. It is for the national court to assess whether that occurred in a specific case.
The Court emphasises that the European rules for package travel are intended to maintain a fair balance between travellers and tour operators. They are not intended to punish tour operators, but to clarify rights and obligations.
According to the Court, travellers are not entitled to compensation if the organiser can prove that a third party caused the problems and that this situation was unforeseeable or unavoidable.
In this case, the Polish court wondered whether the demolition work could be seen as an 'unavoidable and extraordinary circumstance'. The Court of Justice notes that it was a government decision. Such decisions are usually announced publicly. Therefore, the national court must verify whether the tour operator knew, or could have known, that the demolition was about to happen. If that was the case, the situation was not unforeseeable and the organiser must pay compensation to the travellers.
Want to know more?
The full judgment C-469/24 can be found on the website of InfoCuria (case law of the Court of Justice) CURIA - Documents (europa.eu).