A holidaymaker turned to Mediation after two consecutive stays in Tunisia booked through the same tour operator, claiming to have suffered shortcomings in the organization and the accommodation. He was notably seeking the full refund of the second trip as well as damages.
The first stay, scheduled in Djerba in the summer of 2025, had already given rise to an accommodation difficulty from the first night due to the unavailability of the originally planned room.
An out-of-court agreement had then been reached between the parties, providing for financial compensation used to finance a second stay.
This second trip, organized in Mahdia a few days later, was in turn marred by non-conformity : the booked lodging (a superior quadruple bungalow) was not available in the form advertised on arrival.
On site, several alternatives were offered by the hotel and its partners, including separate bungalows or closely spaced double rooms, then a complete family solution at a later time.
These proposals were refused by the travelers, who left the establishment before the end of the stay and requested a total refund of the services, as well as additional compensation.
The first stay, scheduled in Djerba in the summer of 2025, had already given rise to an accommodation difficulty from the first night due to the unavailability of the originally planned room.
An out-of-court agreement had then been reached between the parties, providing for financial compensation used to finance a second stay.
This second trip, organized in Mahdia a few days later, was in turn marred by non-conformity : the booked lodging (a superior quadruple bungalow) was not available in the form advertised on arrival.
On site, several alternatives were offered by the hotel and its partners, including separate bungalows or closely spaced double rooms, then a complete family solution at a later time.
These proposals were refused by the travelers, who left the establishment before the end of the stay and requested a total refund of the services, as well as additional compensation.
What the texts say:
On the legal front, the professional’s strict liability is engaged in cases of non-performance or poor performance of the services of a tour package (Article L. 211-16 of the Tourism Code).The Tourism Code, however, provides that the professional may partially exempt itself from liability when it offers replacement solutions that are comparable to remedy the non-conformity.
In this case, the Mediation notes that the on-site lodging solutions reflected a willingness to rectify on the part of the providers. If they did not exactly match the initially booked service, they cannot be considered clearly insufficient in view of the circumstances.
What the Tourism and Travel Mediation recommends:
The rejection of these alternatives and the guests’ early departure therefore does not allow placing all the financial consequences of the interrupted stay solely on the professional.
However, the initial non-conformity of the accommodation is recognized and entitles a price reduction.
Under these conditions, the Mediation deemed that an amicable settlement could be reached and recommended a partial refund equal to 25 % of the price of the second stay.
However, the initial non-conformity of the accommodation is recognized and entitles a price reduction.
Under these conditions, the Mediation deemed that an amicable settlement could be reached and recommended a partial refund equal to 25 % of the price of the second stay.
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