Court judgment: Peeing into peanut glass No reason for cruise notice!

Court judgment: Peeing into peanut glass No reason for cruise notice!

A scandalous incident on a cruise has led to a legal discussion between a tour operator and a passenger. On board a cruise ship, three men were accused of peeling into a peanut glass. This incident occurred on the first day of the trip, and the identity of the person who actually committed this act was initially unclear. After the men had taken part in a shore excursion, access to the ship was denied them on the fourth day of the cruise, and their luggage has already been brought ashore. They were also offered to book a return flight at their own expense.

The tour operator then terminated the travel contract, since the behavior of the passengers was considered unacceptable and as a reason for the exclusion from the cruise. A first man in the group complained of this step and called for a partial reimbursement of the travel price and compensation. He argued that it remains unclear whether the incident had actually taken place, and even if that were, there was no reason for the exclusion.

judicial decision

In the judicial dispute, the Düsseldorf district court decided that the termination of the travel contract was not legal. The court rejected the reasoning of the tour operator, who regarded the behavior as a serious breach of duty. According to the judgment of the LG Düsseldorf, which is dated 13.09.2024, it was found that the travel provider should have had to warn the men before he passed a termination. The court also made it clear that peeing into peanut glass cannot be considered considerable misconduct that justifies such a measure.

The court's decision emphasizes that the BGH (Federal Court of Justice) represents a wide term that includes the attendance of the tour operator. In this context, the cruise was classified as poor within the meaning of Section 651i (2) of the German Civil Code. The district court emphasized that the form of the behavioral request for passengers was not in an appropriate relationship with the allegations.

This legal discussion is skill light on 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 in view of the prevailing user experiences on such trips.

For further information on this incident and the judicial decisions, the reporting of Jurios and Spiegel are used.