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Case Details

Case Details
National ID link
Member State Italy
Common Name M.S. e R.D. v. Kuoni Gastaldi Tours S.p.A.
Decision type Other
Decision date 11/05/2004
Court Giudice di pace (Others, Rome)
Subject
Plaintiff
Defendant
Keywords

Package Travel Directive, Article 3, 2. Package Travel Directive, Article 5, 1.

The Justice of Peace of Rome stated that, when the accommodation, its location, its tourist category or degree of comfort, are different from those indicated in the brochure describing a “package holiday”, the organizer is responsible for the damages occurred to the consumers.
The plaintiffs sued before the Giudice di Pace di Roma the tour operator Kuoni Gastaldi Tours S.p.A.
They claimed that the services of their package holiday in the Hotel Crioula - Ilha do Sol (Capoverde) were different from those presented in the brochure provided by the organizer.
In particular, the claims concerned both the accommodation and the other services (for instance, there were no tennis courts as indicated in the brochure).
The plaintiffs affirmed that they had immediately claimed the improper performance of the services during their holiday in Capoverde and that, as a consequence of their claims, the defendant has offered a 30% discount on the price of their next package holiday.
The Justice of Peace of Rome, dott. Scuderi, after have considered the previous case-law, has imposed to the tour operator to pay Euro 1.322,13 for the damage occurred to the consumers.
The decision regards the application of the Legislative Decree 17 March 1995, no. 111 on package travel, package holidays and package tours.
The Legislative Decree 17 March 1995, no. 111, has implemented in the Italian legal system the Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.
In this case, the plaintiffs claimed, inter alia, that the accommodation, its location, its tourist category or degree of comfort, were different from those showed by the organizer in the brochure. The consumers have given the proof of the non-performance of the services with photos and other documents taken on the place.
The Justice of Peace of Rome, dott. Scuderi, deemed that the tour operator Kuoni Gastaldi Tours S.p.A. was responsible for the improper performance of the services provided in the package holiday.
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