The dream holiday in Albania turned into a nightmare. The story of a couple who turned to the Court of Justice of the European Union

A couple who bought an all-inclusive package at a five-star hotel in Albania from a travel agency got a nightmare instead of a dream vacation. The case came to the attention of the Court of Justice of the European Union.

The dream vacation turned into a nightmare in Albania. Photo by Shutterstock

The CJEU recently clarified in Case C-469/24 four important points regarding the rights of package travel travelers under the Package Travel Directive 2015/2302.

The dispute arose from an “all inclusive” stay purchased by two Polish tourists for a five-star hotel in Albania. The package, worth around €2,000, included accommodation, full board and access to the hotel's facilities, including two swimming pools and the seafront promenade.

According to the documents submitted by the tourists in the case settled by the CJEU, on the first day of this stay, the tourists were woken up by the deafening noise of the demolition works of the two swimming pools of this hotel.

“These works lasted from the first to the fourth day of the applicants' stay, from 7:30 a.m. to 7:30 p.m.,” the document released by the CJEU states, specifying that the works were ordered by the Albanian authorities and were carried out in the presence of several journalists and the police. At the end of the said works, these pools, the seafront promenade, the paved seafront promenade with access to the sea and the seafront infrastructure were demolished.

During the same stay, tourists had to wait a long time for their turn to be able to eat and had to come at the beginning of the indicated time slot because only a small number of tables were served. In addition, the snack service scheduled for 5 p.m. has been canceled.

On the other hand, according to the CJEU, during the last three days of that stay, work was initiated to add a fifth floor to the hotel in question. The building materials needed for these works were transported by the elevators used by the customers of the respective hotel.

“Following this stay, the plaintiffs in the main litigation requested the defendant in the main litigation to pay compensation in the amount of PLN 22,696 (approximately EUR 5,346), corresponding to the amount of PLN 8,696 (approximately EUR 2,048), as compensation for the material damages they suffered as a result of the culpable non-execution by the defendant in the main litigation of of the contract regarding the package of travel services in question, and the amount of 14,000 PLN (approximately 3,298 euros), as compensation for the moral damage they suffered”, informed the Court.

The travel agency objected to this payment, citing the fact that since the demolition work in question was the consequence of a decision of the Albanian authorities to which it had to comply, it was placed in unavoidable and extraordinary circumstances which would exempt it from the obligation to compensate the claimants in the main litigation. This shows, in addition, that he offered them a holiday voucher worth 165 euros as compensation for the non-conformities caused by these demolition works.

The Court clarified that, if the services included in the tourist package are not provided in accordance with the contract, the traveler has the right to the corresponding reduction of the price paid, depending on the duration and extent of the non-compliance. If the problems are so serious that, in relation to the purpose of the package, the holiday is no longer of any interest to the traveler, the refund can be full.

The CJEU established that when “ELEMENTS” essential aspects of the stay such as access to facilities, peace, safety or the quality of the environment are seriously affected, and the holiday loses its purpose for which it was contracted, the tourist has the right to receive back the full amount paid, even if he benefited from some services, such as accommodation or meals.