The judgment considers that the lack of information that the organizer should have provided to the consumer about the real impact of the earthquake, as an element that could alter significantly the essential terms of the contract that was already being executed with the due offer of alternatives (art. 10.1 of the law 21/1995), which were not given, amounted to “a breach of contract, since it made the tourist, with no ability to decide, to embark on the journey in a situation and in circumstances very different from the ones that had been agreed”.
The lack of information provoked serious discomfort that the judgment views under the institution of “moral damage”. It does not apply to refund the consumers with the price of the trip because this took place as it was planned. The extra expenses of phone calls should not be refunded either, since in Spain there was enough information on the tragedy, so one or two phone calls would have been enough, nor the medical expenses, since there was no causal connection. Therefore only moral damage is acknowledged due to the “remarkable unease” inflicted to the travelers during the journey from Istambul to Ankara, since the situation was objectively likely to produce anguish and an abnormal level of tension in people”, although it never became an extremely serious situation in which the appellants would have come straight back to Spain from Ankara, without visiting Capadocia at a later stage, as it happened, so it is decided a compensation of 1,000 euros for each one of the appellants.