Polish tourists in Albania, whose vacation was turned into a stress-filled one due to noise, have taken their case to the courts in Poland for compensation. The case has now reached the European Court of Justice. It is now strengthening the rights of holidaymakers.
Days of construction noise instead of idyllic vacations. Can vacationers who book all-inclusive packages claim full compensation when standards are not met and the vacation turns into a nightmare?
According to a recent decision of the European Court of Justice based in Luxembourg, in the event of serious deficiencies in service and inadequate conditions during a holiday, tourists who book an all-inclusive package are entitled to claim compensation for the full price paid. The full amount paid must be refunded to the holidaymaker even if he has only partially used some of the elements of the package, if the holiday turns into a nuisance and he loses interest in it, the panel of judges in Luxembourg ruled.
Five-star hotel with construction noise
The case concerned Polish holidaymakers who had booked an all-inclusive package at a five-star hotel in Albania. As soon as they arrived at the hotel, they were disturbed by the noise of construction work, as the swimming pool in their hotel had to be demolished by order of the authorities. The demolition work on the building lasted four days. Holidaymakers also had to wait in long lines for food and the previous offer of a mid-afternoon snack was removed from the menu. During the last three days of their holiday, construction work began on the same building to expand the hotel.
The legal odyssey in search of compensation
The holidaymakers have sought compensation and a refund from a court in Poland. The Polish court has appealed to Luxembourg. The European Court of Justice has now ruled that compensation in the form of a full refund of the holidaymakers' payment is in line with EU law. But the tour operator cannot be fined for the damage. Nor can a claim for compensation be made if a third party is responsible for the defects and if they could neither be foreseen nor avoided, the Luxembourg judges argue.
The national court in Poland must now clarify whether the tourist operator or the hotel manager were informed about the procedure of the authorities that ordered the demolition of the building. In this case, the tourist operator cannot be released from the obligation to pay compensation to the holidaymakers. The specific case will now be assessed by a court in Poland./DW
