Suche
Mein Konto
Judgment after trip to Dubai: Munich loses lawsuit against organizer!
A Munich resident is suing for repayment after a package trip to Dubai. Court rules: Missing tour guide is common practice in the industry.
Judgment after trip to Dubai: Munich loses lawsuit against organizer!
A current case is affecting the courts in Germany and raises questions about the liability of tour operators. A Munich man filed a lawsuit against a tour operator after he returned from a seven-day package trip to Dubai that cost him 774 euros. The plaintiff demanded a refund of 400 euros due to various defects that he raised after the trip. He was particularly critical of the availability of the German-speaking tour guide, who was only available via WhatsApp instead of being on site all the time. This raises the question of how competent the courts actually are in such cases.
The Report from the Süddeutsche Zeitung explains that the Munich District Court ruled in favor of the tour operator in its decision. The judges were unable to find any serious deviation from the contractually agreed service. Only for the canceled visit to the old Al-Fahidi Fort was a reduction in the travel price of 4.84 euros granted, while the plaintiff's other claims were rejected. A lack of permanent presence of the tour guide was not considered a defect, as the tour operator's promise to provide a “qualified German-speaking tour guide” was fulfilled.
Legal situation and responsibility
The legal framework for such lawsuits is determined by European and national regulations. EU Regulation No. 1215/2012 regulates jurisdiction in cross-border cases and also applies to consumers who want to sue domestic tour operators. An example is a recent case in which a consumer from Nuremberg sued a company from Munich because he had received insufficient information about entry regulations and visa requirements. Here too, the question of local jurisdiction arose, which was not clear in the original instance.
The Nuremberg District Court took this issue into account and referred the question of jurisdiction to the European Court of Justice (ECJ). The ECJ ruled that consumers are able to sue tour operators in their court of residence, even if both parties are based in the same Member State. This regulation is intended to strengthen consumer protection and make it easier for consumers to access justice. Fachanwalt.de informs you that these provisions also apply if the destination is abroad.
Conclusions
The case of the Munich traveler shows the complexity of disputes over travel services and illustrates the need to find out in advance about your rights as a consumer. He also emphasizes the importance of clear information from tour operators in order to avoid misunderstandings and dissatisfaction. In view of the highest court decisions, travelers need to know exactly their entitlements and rights in order to be well prepared, especially in the event of complaints or problems during a trip.