Regional Court of Cologne, 24/08/2015, Ref.: 2 O 56/15
In many cases, the tour operator can be held responsible if the holiday is marred by inconvenience. However, this does not apply to all incidents that could spoil the holiday.
The Higher Regional Court of Frankfurt am Main has ruled, for example, that robberies of travellers in the Dominican Republic are to be regarded as a realisation of the general risk of life and therefore do not constitute a breach of the tour operator's duty to ensure safety (OLG Frankfurt am Main, 25.02. 2013, Ref.: 16 U 142/12).
The Düsseldorf Higher Regional Court in turn decided that the slipperiness caused by water and the resulting slipperiness of the floor covering in the area of a swimming pool are common side effects in swimming pools, so that a resulting fall would again constitute the realisation of the general risk of life (OLG Düsseldorf, 15. 12.2011 - I-12 U 24/11).
In the case presented here, the Regional Court of Cologne had to decide whether the failure of a sewage treatment plant and the resulting illness of the travellers resulted in a liability for damages on the part of the tour operator.
Case Facts
The plaintiff and his family had booked a two-week package holiday to Turkey and stayed in a five-star hotel for 6,143 euros. The defendant, the tour operator, had expressly advertised an exclusive, fine sandy beach in its brochures, which was separated from the hotel and guarded. However, during their stay, a defect occurred in the local sewage treatment plant, causing untreated sewage to enter the sea. As a result, many hotel guests, including the plaintiff's family, suffered from severe gastrointestinal illnesses.
The plaintiff asked the tour operator to remedy the situation, but the family was only moved to another hotel days later. Despite the tour operator's warnings against swimming in the sea, no measures were taken to prevent further illnesses. The plaintiff finally demanded a reduction in the price of the holiday and compensation.
Decision of the Regional Court of Cologne
The Regional Court of Cologne ruled in favour of the plaintiff and awarded him a refund of 3,949.07 euros due to a reduction in the price of the trip. The court found that there was a travel defect in accordance with Section 651c (1) BGB, as the trip was significantly impaired by the illnesses. Although the defect in the sewage treatment plant was beyond the control of the defendant, the illness of the family led to a significant reduction in the value of the trip.
It was also important that the plaintiff had requested a remedy in good time. As the defendant was already aware of the defect, it was obliged to take measures to protect the health of the guests. The court followed the plaintiff's calculation of the amount of the reduction and recognised the additional costs claimed, including prescription payments, taxi costs and additional costs for the new hotel.
Compensation for damages and pain and suffering
In addition to a reduction in the price of the holiday, the court also awarded the plaintiff and his family a claim for damages and compensation for pain and suffering. The plaintiff received 1,974.51 euros as compensation for wasted holiday time. This claim was also awarded to the children, as they were also significantly affected by the trip.
In addition, the family was awarded compensation for pain and suffering totalling 2,500 euros. The illness, which was caused by the sewage treatment plant defect, represented a considerable impairment of holiday enjoyment and led to damage to health, which was compensated with damages for pain and suffering.
The judgement shows that tour operators can also be liable for external circumstances, such as defective sewage treatment plants, if they do not provide sufficient information about the risks and do not take remedial action.
Source: Cologne Regional Court
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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