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Court ruling: Loss of medication justifies canceling the trip!
Munich District Court rules that the loss of essential medication during a package trip is considered a significant travel deficiency.
Court ruling: Loss of medication justifies canceling the trip!
On January 11, 2024, the Munich District Court ruled in a remarkable ruling that the loss of urgently needed medication during a transfer constitutes a significant travel deficiency. This concerns an older couple from Schleswig-Holstein who had booked a cruise from Hamburg and lost important medication during an organized bus transfer. The travel price was 1,678 euros, which also included the bus transfer from Hamburg main station to the cruise ship.
The couple, aged 75 and 77, placed their trolley with personal items and essential medicines in the luggage compartment of the coach. However, when they arrived at the port, they discovered that their luggage was missing. Due to the loss of the blood pressure and cholesterol medication, the couple was unwilling to continue with the embarkation and demanded a refund of the full cost of the trip as well as 460 euros in replacement of the lost items.
Legal situation and judgment
The tour operator was initially uncooperative and only reimbursed 216.90 euros for saved expenses. He argued that there was a general risk of theft. However, the court firmly rejected this and concluded that the loss of the medication made it unreasonable to continue the trip because of the significant health risks involved.
The judgment (case number: 223 C 12480/23) found that there was no contributory negligence on the part of the couple. They should not have expected that their medically necessary luggage would be lost. The termination of the trip was recognized as legal and the organizer was ordered to refund the full price of the trip minus the refund of 216.90 euros. In addition, 90 euros in damages were awarded for the lost items.
Recommendations for travelers
The ruling shows that tour operators are liable if luggage is lost during a contractually agreed transfer. Travelers should therefore ensure that they transport their medication in such a way that they are accessible at all times. This could help avoid similar mishaps and associated risks in the future.
Overall, the case of the couple from Schleswig-Holstein raises important aspects of the liability of tour operators and illustrates how important it is to properly store luggage, especially when it comes to vital medication. Further details on this judgment can be found at merkur.de and juraforum.de.