CONSUMER LAW | The CJEU on full reimbursement of package travel and the exclusion of punitive damages for organizers

On 23 October 2025, the Court of Justice of the European Union (CJEU) delivered its judgment in case C-469/24 (B.F. v Z. sp. z o.o.), following a request for a preliminary ruling from the Regional Court of Rzeszów (Poland) concerning the interpretation of Directive (EU) 2015/2302 on package travel and linked travel arrangements (the Directive). The CJEU ruled that, under Article 14.1 of the Directive, travelers are entitled to a full refund of the price paid for a package travel not only if all agreed services are not provided or are poorly performed, but also if the improper performance of some services is so serious that it renders the package travel devoid of purpose and the vacation objectively worthless to the traveler. It is for the national court to assess, considering all the circumstances, whether this threshold has been met. Furthermore, the CJEU found that the Directive aims to restore a contractual balance between travelers and organizers, rather than penalizing the latter. Therefore, punitive damages are not allowed. Lastly, the CJEU clarified that organizers are exempt from liability for damages if they can prove that the lack of conformity is attributable to a third party and is either unforeseeable or unavoidable, without having to demonstrate the third party’s fault.

Newsletter n. 112 – November 2025