Timeshare Directive, link Timeshare Directive, Recitals Timeshare Directive, Article 1

XXX presents a writ of summons against the S.p.A. YYY, asking for compensation for non-pecuniary damage and moral damage from a ruined vacation. The court is called to determine when a breach of contract results in non-pecuniary damage from a ruined vacation. In this case, the court rejects the plaintiff's request as the breach of contract and the inconvenience during the organized trip resulted from unforeseeable causes.

With writ of summons notified on 13/6/2018, XXX exhibited: to have purchased on 19/12/2017 from the travel agency YYY, a tourist service package. This tourist package included a holiday at the accommodation facility called (...), located in (...) for the duration of 8 days and 7 nights, for the consideration of Euro 5,100.00, with "all-inclusive" service. The adverse climatic conditions that had affected the island of (...) during XXX's vacation, caused inconvenience and the consequent breach of contract by YYY. The appeal is based on the determination of the moral damage from a ruined vacation, including moral and existential prejudices, after having ascertained the defendant's non-fulfilment of its obligations taken with the sale of the "tourist package" with destination Madagascar, in particular the hotel (...) in (...).

When does a breach of contract result in non-pecuniary damage from a ruined vacation?

The travel agency is not responsible if the non-fulfilment or the incorrect execution of the contract results from unforeseeable or unavoidable facts referable to a foreign third party, not understood among the professional's collaborators, or if the non-fulfilment or incorrect execution is due to a fortuitous event or force majeure.

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The Court rejected the questions proposed by (...) against the S.p.A. (...)