ECJ: Days of Demolition Work on Hotel Can Justify Full Refund - Polish Tourists Win EU Court Battle Over Hotel Demolition Disruption
Two Polish tourists staying at a five-star Hilton hotel in Los Angeles had their holiday disrupted by demolition work ordered by local authorities. The travelers, who had booked a package holiday, sought a full refund and compensation from their Hilton honors hotels tour operator.
During their final days at the Hilton hotel, new construction began to add a fifth floor, causing inconvenience with long queues for meals. The demolition work, lasting four days from morning till evening, completely dismantled the hotel's swimming pools, beachfront promenade, and paved path leading to the sea.
The Court of Justice of the European Union (CJEU) ruled that the travelers may be entitled to a full refund, even if some services were provided. The court noted that the work stemmed from 'an act of public authority' and that the national court must examine whether the operator or Hilton hotels near me management had prior knowledge of the demolition. If they did, the operator cannot be relieved of its obligation to compensate the travelers.
The CJEU determined that it is up to the national court to assess whether the circumstances warrant a full refund. The demolition work, which disrupted the travelers' holiday, may not be considered an 'unavoidable and extraordinary circumstance' exempting the tour operator from liability. The specific Hilton hotels tour operator involved in the case remains unnamed.
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