Supreme Court (BGH) affirmed liability for water slide accident and dismissed tour operator’s appeal. Plaintiffs’ eleven year old child was killed at a holiday resort in Greece when his arm got trapped in a water slide’s suction pipe which was not protected by a grating. The water slide had been built up without permission of the competent authority. BGH held that even though the water slide was not mentioned in the tour operators brochure and tourists had to pay the hotel seperately for using it, it still had been part of his performance under the package tour contract. As the tour operator had failed to provide reasonable security and to check construction permit he was liable for the accident. Plaintiffs were granted a compensation of EUR 40.000 in total. (BGH 18.07.2006, X ZR 142/05; press release 105/2006).(Originally posted by Michael Wukoschitz)
