When booking the package tour wheelchairbound plaintiff was informed that the chosen hotel was not equipped for disabled persons. Upon arrival she was assigned a ground floor room, but, however had to transcend two steps, there was one more step inside the room and again two steps to get on the terrace. There was no problem to enter the bathroom. Plaintiff needed staff support to enter or leave her room.Back from the journey she claimed for price reduction and compensation for loss of holiday enjoyment, stating she had not suffciently been informed about specific lacking wheelchair accessability.Austrian Supreme Court (OGH) confirmed the lower instances’ view that the general information “hotel not equipped for disabled persons” was sufficient and tour operator had no further obligation to inform without specificly being asked. The claim was therefore dismissed.Full text of decison 6 Ob 273/07a of 12.12.2007 available in German here>>.
