Polish couple wins European court ruling after horror trip: 'Swimming pools demolished during holiday'
The two had a horrific holiday in Albania between September 1 and 8, 2023. They hope to recover the full amount they paid for the trip (thousands of euros) from the tour operator through legal proceedings. The Court of Justice of the European Union ruled late last month that this claim is justified. The Polish court will issue a final ruling later, but must follow its European counterparts.
The European Court of Justice made it clear to the two that they couldn't enjoy their holiday carefree. The term "construction holiday" took on a completely different meaning for them. For the first four days of their holiday, they were plagued by demolition work that lasted from 7:30 a.m. to 7:30 p.m. Meanwhile, the swimming pools, the seaside promenade, and the paved waterfront with access to the sea were completely demolished.
No snacksAfter day four, the misery wasn't over yet. During the last three days of their stay, new construction began, adding a fifth floor to the hotel.
And it didn't stop there. Due to the limited number of meals, the Polish couple had to wait in line for a long time. Furthermore, the serving of afternoon snacks, even though they were included in the package, was canceled.
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According to the European Court of Justice, the couple is entitled to a full refund because "the improper performance is so serious that the package no longer serves its purpose and the trip is objectively no longer interesting for the traveler." In other words, the inconvenience was so severe that it was no longer an enjoyable holiday. The fact that they stayed at the hotel for a week and received some service is irrelevant.
The couple also wants compensation. Whether they receive it depends on the tour operator's prior knowledge of the work. If the demolition work was "unavoidable and extraordinary" for the tour operator, they wouldn't be required to pay compensation as well.
Are the activities known in advance?The European Court of Justice notes, however, that the work is the result of a measure taken by a public authority. "Such measures are generally taken in a transparent manner and are preceded by some publicity."
"It is therefore for the national court to determine whether the tour operator or the manager of the tourist infrastructure (read: hotel owner) was informed of the procedure leading to the demolition decision, or even participated in that procedure, or whether they were aware of the content of that decision before it was implemented," the court continued.
The Polish court must therefore issue a final ruling. This court must, however, follow the ruling of the European Court of Justice, explains Stefaan van der Jeught, spokesperson for the Court.
According to him, the fact that the European Court of Justice is also considering the matter is related to a European directive on package travel (flight and hotel) that is intended to protect travelers. This directive applies because the trip was purchased in Poland and therefore within the European Union. Van der Jeught: "And so the Polish court posed questions to the European Court of Justice about the extent of the directive. This answer has now been given and must now be applied."
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