An elderly couple received compensation from a travel agency after a disastrous vacation to a Greek island plagued by hotel defects and culminating in a ceiling collapse.
Hotel Fails to Meet Contract: Dampness, Flooding, and Collapsed Ceiling
A leaking ceiling that eventually collapsed, insect nests on the walls, and a lack of furniture in the rooms were among the issues faced by seniors who booked a vacation through a travel agency to a Greek island. The court ruled they are entitled to a refund and compensation for the ruined holiday.
The senior couple, aged 82 and 89, participated in a tour package including flights to a Greek island and a two-week all-inclusive hotel stay in a standard room. The trip cost 4460 zł per person.
Initial Complaints and Lack of Response
Upon arrival, the travelers discovered their room lacked a balcony and had a puddle of water near the bed, along with significant dampness. Despite reporting these issues to reception, communication difficulties (lacking English or Greek language skills) proved challenging. Using an online translator, they requested a room change due to the stress caused.
The hotel only sent a cleaning person to mop the floor, but the water reappeared the next day, covering a larger area. Repeated requests for a room change were ignored. The couple attempted to book return flights to Poland but were unsuccessful due to the peak season.
Escalating Problems and Ceiling Collapse
The water began to run down the walls, accompanied by a musty odor. On the third day, while the senior woman was lying in bed, the ceiling collapsed, damaging their clothes and personal belongings. This event caused significant stress and a desire to return home.
Their wet and dirty belongings were packed into garbage bags, and they were moved to another hotel. However, they were left to manage their luggage themselves. The new room lacked wardrobes, shelves, or hangers, prompting another request for a room change, which led to a further substandard accommodation.
Further Deterioration and Insect Infestation
After five days, they were moved back to the original hotel, but the situation did not improve. The new room had insect nests on the walls near the mirror and shelves, which bit them at night. They chose to sleep in long sleeves and pants to protect themselves, avoiding further complaints due to exhaustion.
Legal Action and Court Ruling
The couple filed a complaint with the travel agency before the end of the trip, but the offered compensation was unsatisfactory. Upon returning to Poland, they filed a lawsuit in the Gdańsk-Północ Regional Court, seeking both a refund and compensation for non-pecuniary damages, including the loss of enjoyment of their vacation.
The court ruled in their favor, awarding each of them 4460 zł for the trip cost and 5000 zł for the ruined holiday. The court emphasized that travelers can seek compensation for both material and non-material damages resulting from inadequate tourist services.
Price Reduction and Compensation Breakdown
The court calculated that the price reduction for the trip should exceed 100% of the original cost, citing issues like room damage and mold (50% reduction), lack of furniture (15%), disruption due to room changes (15%), and the presence of insects (20%).
The court determined that the ceiling collapse, the inconvenience of moving hotels, the non-compliance of the rooms with contractual standards, the trauma experienced by the elderly couple, the insect infestation, and the travel agency’s overall attitude all contributed to the trip losing its purpose.
Stress, Health Risks, and Legal Basis
The court also justified the compensation for the ruined holiday due to the inadequate response from the travel agency, the dangerous conditions in the room, and the prolonged stress experienced by the couple. The court stated that the couple faced continuous problems with their accommodation, significantly impacting their psychological comfort and rest.
The ruling was based on the Gdańsk-Północ Regional Court’s judgment of April 7, 2026, case number I C 932/25.