Munich Local Court, 07.09.2011, Ref.: 111 C 31658/08
In the event of a travel defect, the German Civil Code provides a wide range of options for asserting claims.
In particular, the Frankfurt table is used for the amount of the reduction of the travel price, which, depending on the type and extent of the travel defects, specifies percentages that can be considered with regard to the reduction of the travel price.
The "Frankfurt Table" was developed for this purpose by the Frankfurt Regional Court and has since been used by most courts throughout Germany as a guideline for the assertion of travel price reductions.
Examples from the Frankfurt table are
Type of defect: Percentage: Remarks:
Area too small 5-10 %
missing balcony 5-10 % (if agreed)
missing sea view 5-10 % (if confirmed)
missing (private) bathroom 15-25 % (if booked)
missing (own) shower 10 % (if booked)
Lack of air conditioning 10-20 % (if agreed)
missing radio/TV 5 % (if agreed)
Vermin 10-50 %
In the Munich District Court case mentioned above, the court had to decide whether the female guest of a hotel could claim compensation for pain and suffering because she had been injured by flying splinters from a broken shower cubicle door.
Facts of the Case In the summer of 2008, the plaintiff stayed overnight in a hotel in Munich. When she opened the glass door to the shower in the morning, it exploded.
The plaintiff's face and right hand were injured by flying glass splinters. Her glasses were also irreparably damaged.
A cut on the plaintiff's right index finger subsequently worsened.
A hardening developed on the index finger, which could only be removed by surgery. This left a scar.
The plaintiff then demanded reimbursement of the costs of the glasses and appropriate compensation for pain and suffering from the defendant.
Munich Local Court: The Munich Local Court agreed with the plaintiff's view. In the opinion of the Local Court, the taking of evidence had shown that the transaction had actually taken place as the plaintiff had informed the Local Court.
An expert had also stated that even safety glass could shatter.
In this respect, the defendant is also liable without fault, as the defect in the room was already present when it was rented.
The glass pane of the shower was a source of danger. This hazardous situation was to be qualified as a defect.
The defendant hotelier was therefore ordered to reimburse the costs of replacing the glasses and to pay 2,000 euros in damages.
Source: District Court of Munich
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