Were you left disappointed by your package holiday? What can you do about it?

Consumers are entitled to compensation for breach of a package travel contract, which prevented the consumer from enjoying the holiday and causing upset. Specifically, many different reasons can spoil enjoyment, e.g. substandard accommodation hygiene, food poisoning, unable to rest because the accommodation is still under construction, accommodation infestation causing a severe allergic reaction, etc.

Slovenian case law has already addressed which instances qualify as a loss of holiday enjoyment. The Supreme Court of the Republic of Slovenia recently supplemented this case law with its judgment of 2 March 2022, Case No II Ips 69/2020, wherein it laid down the criteria for determining the amount of non-pecuniary damage due to a loss of holiday enjoyment. Until now, this had not been reviewed by the highest judicial instance.

In assessing the damages, the main focus is on the injured party’s subjective experience of the loss of holiday enjoyment. However, objective criteria are also weighed, including the agreed purpose, features and cost of the trip, and the severity and duration of the breach.

In that judgment, the Supreme Court further elaborated on the objective criteria:

• At a higher travel price, the expectations for the service/adventure quality are reasonably higher.
• Consumers also have reasonably higher expectations for one-off (e.g. wedding) trips and trips planned for an extended period.
• Minor shortcomings are not grounds for compensation, while a breach of contract lasting only a day or two does not constitute minor shortcoming for shorter trips.

Please note that in the event of a breach of a package travel contract, the consumer may, in addition to compensation, also claim a proportionate reduction in the package price. Significant deviations from the agreed scope and quality of services entitle the consumer to claim a full refund provided certain conditions under Article 57e of the Consumer Protection Act are met.

Author: Tina Marciuš Ravnikar, Senior Associate