Stuttgart Bad-Cannstatt Local Court, 16 March 2012, Ref.: 12 C 3263/11
The travel defect is regulated in Section 651c BGB. According to this, a travel defect exists if the trip is not as agreed between the contracting parties or as the traveller was entitled to expect.
The nature of the trip may have been expressly agreed between the contracting parties before the start of the trip, or may result from the circumstances.
In particular, the travel confirmation and the tour operator's brochures are decisive for what was agreed between the parties or what the traveller could expect.
If there is a travel defect, the traveller can demand remedy from the tour operator in accordance with Section 651c (2) BGB. If the tour operator does not remedy the situation within a reasonable period of time determined by the traveller, the traveller may remedy the situation themselves in accordance with Section 651c (3) BGB and demand reimbursement of the necessary expenses.
The traveller can also claim a reduction of the travel price in accordance with § 651d BGB.
The following diagram illustrates the rights to which the traveller may be entitled if the trip is faulty:
In the above-mentioned case, the Stuttgart Bad-Cannstatt District Court had to decide whether the defendant from Saxony had to pay the price of a trip booked to Bordeaux, although she actually wanted to fly to Porto.
Facts of the Case:
The defendant wanted to book a flight to Porto with the plaintiff. However, due to the defendant's unclear pronunciation, the employee of the travel company booked a flight to Bordeaux. As the defendant did not want to pay the travel price, the plaintiff claimed it in court.
Decision of the Local Court of Stuttgart Bad-Cannstatt
The court agreed with the plaintiff and ordered the defendant to pay the price of the holiday in the amount of 294 euros. According to the court, the customer was responsible for ensuring that the employee understood him correctly.
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Source: Stuttgart Bad-Cannstatt Local Court
One Response
How does the state of Baden-Württemberg advertise itself in a huge campaign: "We can do everything. Except High German". Accordingly, the lawsuit would probably have had to be dismissed, especially since twenty years after German reunification...