Austria: Supreme Court decides on loss of holiday enjoyment again
Two youngsters booked a holiday package to Greece, mainly for the purpose of "having party". They therefore chose a beach hotel close to several bars, discos and other entertainment places. The tour operator, however, accomodated them in a different hotel, about 12 km away. They therefore had to take a bus or taxi to reach the entertainment places. They sued for price reduction, compensation of costs for taxi and bus trips as well as compensation for loss of holiday enjoyment.
Commercial Court Vienna (Handelsgericht Wien) granted compensation of bus and taxi costs of EUR 200 and a price reduction of 35 percent but dismissed the claim with regard to loss of holiday enjoyment.
A further appeal by plaintiff (a consumer association to which the consumers had assigned their claims) remained unsuccessful: in decision 3 Ob 92/10s of June 30, 2010, Austrian Suprem Court (OGH) upheld the judgement:
- If the main purpose of the trip has been achieved despite considerable mal-performance, the remaining disappointment can be compensated through a rather generous price reduction;
- There is only a claim for compensation of loss of holiday enjoyment if the mental distress exceeds the mere feelings of disappointment.
Decision availbale for download in German here>>.