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Noise from the wall: travel price reduction due to rodents in Crete!
A family man booked a package holiday to Crete, but noise problems at night led to a reduction in the price of the trip. Learn more about travel deficiencies and rights.
Noise from the wall: travel price reduction due to rodents in Crete!
A father and his family recently experienced an unforgettable, but not in a positive sense, holiday in a hotel on Crete. The package tour included a 14-night stay, but on the first few nights they were woken up by loud scratching and gnawing noises coming from the wall. The man suspected there was a rodent infestation and reported the incident immediately.
After four days, the family decided to move to another room. For package tours, the contractual partner is not the hotel but the tour operator, which means that any defects must be reported directly to the organizer. The Munich district court assessed the nighttime noises as a lack of travel. Travel defects occur when the quality of the trip does not correspond to the contractual agreement and the recreational value is severely impaired. Sleep, as the central point for recovery, is clearly lower in this case.
Assessment of lack of travel
The court decided that the travel price had to be reduced by 45% for the first four days. However, the claim for a higher reduction on the day of the room change was rejected because the change was considered unproblematic. Compensation for lost vacation time was also rejected because the reduction was less than 50% and the remaining travel services were free of defects.
This decision clearly shows that persistent noise at night can be viewed as a lack of travel. However, it is important to note that damages are not automatically awarded. The extent, duration and overall weight of the impairment are crucial. Travelers should report and document defects immediately in order to successfully assert their claims. Loud advocard.de Travel defects as described here are an opportunity to reduce the travel prices or demand compensation.
Important steps in case of travel problems
Any travel defects must be reported to the tour operator immediately; documentation of the defects, for example through photos and witnesses, is of great importance. Based on the legal regulation in accordance with Section 651i Paragraph 2 of the German Civil Code (BGB), a travel deficiency is deemed to exist if there is a deviation from the guaranteed services that represents a significant disadvantage for the holidaymaker.
It is important to note that restrictions that have been informed in advance cannot be claimed as a travel deficiency. In the case of defects such as construction noise, mold or vermin, it is crucial that these were not announced in advance in order to legitimize claims. Travelers should also note that the deadline for making claims is two years after the end of the trip.
This ruling represents another case that shows how important it is to find out and act quickly in the event of a travel shortage. Proper and prompt reporting can be crucial to enforcing claims.