Their vacation turned into a horror story. The CJEU ruled on Poles
The Court of Justice of the European Union has ruled that a traveler can receive a full refund of the cost of a trip, even if he or she has only partially benefited from it. The decision concerns the case of two Polish tourists who experienced serious difficulties during an all-inclusive holiday in Albania.
Polish tourists went on holiday to Albania. On the first day of their stay, the men were woken up by noise related to demolition works of two hotel swimming pools. Within a few days, the seaside promenade and the entrance to the sea were also demolished, leaving tourists deprived of the basic attractions of the resort.
The living conditions were deteriorating day by day. Guests had to wait in long lines for their meals, and due to the limited number of dishes, they arrived at the restaurant at the beginning of the scheduled hours. “The serving of afternoon tea has been discontinued,” the CJEU said in its announcement. In the last days of the stay, further construction works were started – this time on the addition of the fifth floor of the hotel.
After returning to the country, the Poles demanded reimbursement of travel costs and compensation. While considering the case, the court asked the CJEU whether a full refund of the trip price is possible, even though some of the services were provided.
Poles fought for reimbursement of holiday costs. The CJEU is on their side
The Court found that where the quality of travel services is grossly inadequate, travelers are entitled to a full refund. Even if some services were available, their improper performance may render the package meaningless and no longer in the customer’s interest.
At the same time, the CJEU pointed out that compensation is not due if the organizer proves that the causes of the problems were independent and unpredictable, e.g. they resulted from decisions of public authorities. “It is for the national court to determine whether the tour operator or facility manager was informed about the demolition decision,” the Court emphasized.
The CJEU also stressed the importance of transparency of the authorities’ actions. If demolition works resulted from an administrative act, they should have been announced publicly in advance. The final decision on the refund of money for Polish tourists will be made by the court in Poland.
