No tour operator liability for an accident

No tour operator liability for an accident of a two year old boy who slipped through the banisters of the hotel stairs: in a recent decision Austria’s Supreme Court confirmed judgements of lower instance courts who both had dismissed a claim for compensation for pain and suffering based on the allegation that the tour operator had not provided sufficient security for children. Supreme court held that an advertisement emphasising favorable family rates would not justify increased expectations in regard to child security. Contractual safeguard obligations must not be overdrawn. Constructional condition of the accomodation basically only had to comply with local standards. Regular inspections of this compliance and necessary adjustments to possibly increased local security standards would exempt tour operator from liability (OGH 07.06.2005, 5 Ob 108/05a).

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