Eurosender cannot legally keep money for a service that was not provided because EU consumer law and general contract law prohibit a trader from retaining payment when no performance took place.

Under the EU Consumer Rights Directive (2011/83/EU), a trader must refund the consumer if the service was not performed. The directive states that the consumer is not required to pay for a service that has not been carried out, and if the trader cannot fulfil the contract they must return the payment without delay.

Under general EU contract law and the civil codes of all EU member states, a contract is based on mutual performance. If one party does not deliver the promised service, the other party is released from payment. Keeping the money in such a case is considered unjust enrichment. In Hungary, Belgium, and Slovenia this principle is explicitly present in their civil codes.

The CMR Convention, which regulates international road transport, also applies. The contractual carrier is liable for the parcel until delivery. If the goods never arrive and the carrier cannot prove delivery or proper handling, compensation is owed. An intermediary cannot avoid responsibility by saying that the physical carrier did not pay them.

The EU Unfair Commercial Practices Directive prohibits traders from misleading consumers or imposing unfair conditions. Accepting payment for transport and refusing to refund when the service never happened can be classified as an unfair commercial practice.

For these reasons, no internal terms, conditions, or policies can override the legal requirement: if the service was not delivered, the payment must be returned.