Germany: tour organiser has to reimburse package price after car accident caused by third party

The plaintiffs had booked a package to Turkey including air transport, hotel accomodation and a bus transfer from the airport to the hotel. During this transfer a ghost driver’s car hit the transfer bus and the passengers were severely injured. Instead of the hotel they were taken to hospital and therefore could not take any advantage of the services included in their package. The German Supreme Court held that the organiser owed a safe transport and the accident therefore constituted a lack of confotmity with the contract. Although there had not been any fault on behalf of the organiser, the plaintiffs were entitled to claim back the package price.Source: BGH press release 223/2016 of Dec. 6, 2016Case details: BGH jugdements X ZR 117/15 and X ZR 118/15 of Dec. 6, 2016.

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