German Supreme Court: tour organizer must not reserve alterations of the flying times

Michael Wukoschitz's picture

Upon law suit filed by a federal consumer association, the German Supreme Court has regarded contractual provisions unfair and illegal which allowed the tour organizer to alter the flying times. The "General Conditions of Contract" of the defendant had contained the following provision:

"Final flying times will be communicated by the organzier in the travel vouchers. Any information on flying times provided by a travel agent is not binding."

Even if no flying times had been fixed and only tentative flying times had been communicated, above provision would lead into a modification of the main services provided under the package contract. Though "tentative flying times" don't have to be strictly observed under all circumstances, there has to be a justified reason for a change and the times still have to comply with the approximate time frame. The above provision, however, would allow the organizer alterations without any justified reason and beyond the approximate time frame. The second part  of the provision would allow the organizer to escape its contractual obligations as established by the information forwarded by its agent.

Source: BGH press release 198/2013 of Dec. 10, 2013

Case details: judgement X ZR 24/13 of Dec. 10, 2013

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