Germany: Restaurant dress code does not constitute mal-performance
A couple booked a holiday package to Greece including hotel accomodation and half-board at EUR 2.074. When entering the restaurant, the man was requested to change his shorts to long trousers. He felt compromised and treated unfair. Upon return he claimed fo a price reduction of EUR 414: he had been informed about the dress code in advance. Otherwise he would have booked another hotel as he and his wife prefer to dress casually when on holidays.
Small Claims District Court Munich (Amtsgericht München) dismissed the claim: there had been no obligation of the tour organiser to inform about dress codes in the hotels. It was quite common in Mediterranean countries to at least ask guests to wear long torusers at dinner. Such dress code therefore could not be regarded mal-performance of contractual services.
Judgement 223 C 5318/10 of June 16, 2010. (No appeal filed).