Judgment from Munich: Travel contract termination due to false room promises

Judgment from Munich: Travel contract termination due to false room promises

In the current case of a package trip to Egypt, the Munich District Court ruled in favor of a travel guest who canceled a booking because the hotel room he was promised had not been recently renovated. The tour operator had assured that all rooms in the hotel had been renovated, which subsequently turned out to be false. This decision reinforces the rights of travelers who rely on accurate information.

The man in question had specifically pointed out the need for a newly renovated room as he had previously had bad experiences with Egyptian accommodation. To accommodate him, a travel agency employee even showed a photo of a renovated room and confirmed the assurance. However, after booking, the traveler discovered that the reserved room was in an unrenovated condition, which became apparent through internet research.

Legal situation and basis for decision-making

The Munich District Court decided that the travel guest had the right to terminate the contract because the agreed quality of the room was not present. The provisions of the Civil Code, in particular Section 651i Paragraph 3 No. 5 and Section 651l Paragraph 1 Sentence 1, were used as a basis here, as the trip was significantly affected. The tour operator was responsible for the travel agent's promises, meaning that the promise made by the employee was part of the travel contract and could be enforced.

After the cancellation, the traveler received an invoice for 657 euros for the cancellation fees claimed by the tour operator. But the court rejected this claim. It found that the false assurance led to significant disruption to the trip and therefore charging cancellation fees was not justified. The Munich AG came to the conclusion that the use of example images created the impression that all rooms had been renovated, which was also viewed as deception.

Consequences for travelers

The Munich District Court's ruling, which is not yet final, provides an important precedent for other travelers who are also confronted with inadequate hotel standards. Travelers have the right to rely on the promises made by travel agents and may take legal action if these promises are not kept. This confirms that the liability for incorrect information does not lie with the travelers, but with the tour operators responsible for their sales network.

If travelers receive false promises, they can enforce their rights. The current decision shows that consumers are taken seriously even in cases of misinformation in the travel industry and that clarification of the legal regulations is definitely in the interests of travelers.

For detailed information about the court ruling, those interested can read Haufe's reporting on the Canceling a trip due to unrenovated hotel room as well as from WBS via the Liability of the organizer for promises made by the travel agency consult.