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Court ruling: Peeing in a peanut jar is no reason to cancel your cruise!
German tourists sue tour operator after incident on cruise: court rules termination was unlawful.
Court ruling: Peeing in a peanut jar is no reason to cancel your cruise!
A scandalous incident on a cruise has led to a legal dispute between a tour operator and a passenger. Three men were accused of peeing in a peanut jar aboard a cruise ship. This incident occurred on the first day of the trip, and the identity of the person who actually committed this act initially remained unclear. After taking part in a shore excursion, the men were denied access to the ship on the fourth day of the cruise and their luggage had already been brought ashore. They were also offered the option of booking a return flight at their own expense.
The tour operator then terminated the travel contract because the passengers' behavior was considered unacceptable and a reason for exclusion from the cruise. A first member of the group filed a lawsuit against this step and demanded a partial refund of the travel price and compensation. He argued that it remains unclear whether the incident actually took place and, even if it did, there was no reason for the exclusion.
Court decision
In the legal dispute, the Düsseldorf Regional Court decided that the termination of the travel contract was unlawful. The court rejected the tour operator's argument, which viewed the behavior as a serious breach of duty. According to the ruling of the LG Düsseldorf, which is dated September 13, 2024, it was determined that the travel provider should have first warned the men before proceeding to terminate the contract. The court also clarified that peeing in a peanut jar cannot be considered significant misconduct justifying such an action.
The court's decision highlights that the BGH (Federal Court of Justice) advocates a broad definition of defects that includes the tour operator's liability. In this context, the cruise was classified as defective within the meaning of Section 651i Paragraph 2 BGB. The regional court emphasized that the form of the behavior request to the passengers was not proportionate to the allegations.
This legal dispute highlights the behavior of tourists and the measures that tour operators can take in the event of inappropriate behavior. The discussion about such incidents and their consequences on cruises will certainly continue, especially given the prevailing user experiences on such trips.
For further information on this incident and the court decisions, please refer to the reporting by Yurios and Mirror be resorted to.