If a tourist experiences noise from construction work during his holiday in a hotel, with an organized package, instead of peace by the pool, he can request a full refund, even if part of the services — such as accommodation or meals — have been provided.
This decision was issued by the Court of Justice of the European Union (CJEU).
The Luxembourg judges ruled that when the shortcomings and conditions of accommodation make the trip essentially useless and eliminate any interest of the traveler in continuing it, the tourist must be fully compensated for what he paid for his holiday package.
The case concerned two Polish tourists, who had booked an “all-inclusive” holiday at a five-star hotel in Albania. The very next day after their arrival, they were woken up by loud noises: the hotel had been ordered by the authorities to demolish its swimming pool. The work took four days. At the same time, there were long queues for meals, while the afternoon snack was abolished. In the last three days, new works to expand the hotel have also started.
The tourists requested a full refund and compensation. The Polish court turned to the CJEU, which ruled that a full refund of costs is compatible with EU law, while additional punitive damages against the tour operator are not permitted.
At the same time, the Court clarified that compensation is not provided for when the problems are caused by a third party and were unforeseeable or unavoidable. The national court must examine whether the organiser or the hotelier knew in advance of the administrative decision that led to the demolition. If he had been informed, then the organizer is not exempted from the obligation to compensate the travelers.
The final judgment on the case now belongs to the Polish court.
