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Case Details

Case Details
National ID n. 41/T/2000 R.G
Member State Italy
Common Name link
Decision type Other
Decision date 29/03/2005
Court Tribunale (Court of first instance, Torre Annunziata)
Subject
Plaintiff
Defendant
Keywords

Package Travel Directive, Article 5, 1. Package Travel Directive, Article 5, 2.

The Tribunale di Torre Annunziata (Naples) stated that, accordingly with Legislative Decree 17 March 1995, no. 111 on package travel, package holidays and package tours, the tour operator is also responsible for the non-performance of improper performance of the services provided by the airline companies.
The tour operator is responsible for the travel services included in the package travel.
The plaintiffs have bought a package travel to visit the Canada, Florida and Bahamas.
Unfortunately, the airline company has lost their luggage at the arrival in New York at the beginning of the tour.
The consumers decided not to proceed without the luggage and claimed for the material and non-material damages arising from the improper performance of the travel services.
The Tribunale di Torre Annunziata agreed with the arguments of the plaintiffs and recognized to the consumers the sum of € 12.803,04, of which Euro 8.000,00 for the non material damage caused by loss of enjoyment of the holidays.
The decision concerns the interpretation of the Legislative Decree 17 March 1995, no. 111 on package travel, package holidays and package tours in the field of civil aviation.
Actually, the Package Travel Directive is not applicable to air travel, except where it is included in a package.
At this regard, the increasing number of complaints addressed by consumers to the Commission appears to indicate that the level of consumer protection in the field of air travel is insufficient. The issues to be tackled comprise compensation for unjustified delays, improvement of market transparency, and the improvement of civil liability rules.
In this case, the judge concluded that the tour operator is responsible for the non-performance of the services of the airline companies included in the package.
Here, the airline company had lost the luggage of the consumers at the beginning of a long package travel.
In principle, the tour operator is responsible for the travel services included in the package travel.
It is also interesting to note that the Tribunale di Torre Annunziata awarded the claimants damages both for the physical pain and for the loss of enjoyment of the holidays.
As to the decision, this interpretation of the Italian court is in compliance with the article 5 of the Council Directive of 13 June 1990 on package travel, package holidays and package tours (90/314/EEC), where it provides that: “In the matter of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the package, the Member States may allow compensation to be limited under the contract. Such limitation shall not be unreasonable”.
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