Germany: consumer liable for false click in online booking

Plaintiff wanted to do an online booking of 4 tickets for a flight from Stuttgart (Germany) to San Jose (California). By mistake he clicked San Jose (Costa Rica) as destination of his flight. As the booking confirmation he received just showed “San Jose” without specifying a country, he only realized his mistake when checking in at Stuttgart airport. To get to San Jose (California) he had to purchase another 4 tickets at EUR 9.037. Back home he sued the operator of the online booking portal for compensation. The Court (Landesgericht Müchnen I) dismissed the claim: there was no obligation to advise the consumer of the existence of similar named destinations in different countries. Who takes the advantages of online booking also had to take the risk of a false click.As no appeal was filed, the decision (LG München I 17.06.2008, 34 O 1300/08) became final.

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