Refund of the price for unhappy vacations – what are the tourists entitled to?

Vacations are usually associated with relaxation and pleasant time. However, it often happens that the destination does not live up to the promises made by the travel agency. This was the case for a Polish couple whose vacation at a five-star hotel in Albania turned out to be far from what they expected. During their stay, the demolition of two hotel swimming pools at the property was underway assisted of police and media, and construction of another floor at their hotel began. What is more, the hotel served insufficient food, for which they had to wait in long lines.

The tourists sued the travel organiser, seeking damages for improper performance of the service and compensation. The District Court in Rzeszow requested interpretation of Art. 14 of the Directive 2015/2302 of 25 November 2025 on package travel and linked travel arrangements and a ruling on whether travellers can ask for refund of the price paid for their stay despite the fact that they used part of the services bought.

Pursuant to Art. 50 of the Polish Act of 24 November 2017 on package travels and linked  travel arrangements, travellers are entitled to a price reduction for any period during which the lack of conformity with the contract is identified, unless it was caused solely by the traveller’s action or omission. However, travellers are entitled to compensation or damages for any damage or harm suffered as a result of the lack of conformity. The lack of conformity is understood as the non-performance or improper performance of the travel services included in the travel package.

The travel agency referred to the extraordinary and unavoidable circumstances, including the demolition of swimming pools based on the decision of the Albanian authorities.

The Court of Justice of the European Union in its judgment of 23 October 2025 in case C-469/24 found that even if the traveller has used part of the services provided by the travel organiser, an appropriate price reduction to which he is entitled in the event of lack of conformity of these services, may correspond to a refund of the full price paid for the travel if the lack of conformity is so gross it is no longer objectively in the interest of the traveller.

What is more, the CJEU expressed the view that situations resulting from the adoption of acts of public authority, such as demolition of tourist facility in implementation of a decision of a public authority, do not fall within the concept of ‘unavoidable and extraordinary circumstances’ if those acts were adopted following a procedure which enabled interested parties, such as a the travel organiser or potential travel services providers to become acquainted with them in good time before their implementation.

The Court emphasised that in order to be potentially exempt from liability, the travel agency would have to prove that the specific inconveniences were caused by a third party not involved in the provision of tourist services.

• CJEU judgment of 23 October 2025, C-469/24