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Case Details

Case Details
National ID link
Member State Italy
Common Name A. Psichedda, R. Perricone v. I Viaggi del Capitano S.p.A.
Decision type Other
Decision date 26/11/2003
Court Tribunale (Court of first instance, Rome)
Subject
Plaintiff
Defendant
Keywords

Package Travel Directive, Article 4, 7. Package Travel Directive, Article 5, 2.

In the decision, the Tribunal of Rome stated that, in case of improper performance of the services included in a package tour, a group of tourist is entitled, at certain conditions, to refuse the offered the alternative arrangements for the continuation of the package and that the plaintiffs and to claim for damages.
The plaintiffs have bought a package travel for Turkey (Bodrum), including a cruise from the tour operator I Viaggi del Capitano S.p.A.
They sued the organizer before the Tribunale di Roma claiming the non-performance of certain services provided in the package travel.
The defendant stated that he has immediately offered alternative arrangements, at no extra cost to the consumer, for the continuation of the package and that the plaintiffs have refused them.
The judge agreed with the plaintiffs and awarded them the sum of Euro 8.668,73, including the non-material damage.
The decision concerns the application of the Legislative Decree 17 March 1995, no. 111 on package travel, package holidays and package tours.
In this case, the organizer of the package travel asserted that he has given prompt assistance to the consumers in difficulty by offering them alternative services.
Accordingly with the article 4 (7) of the Directive 90/314/EEC: “Where, after departure, a significant proportion of the services contracted for is not provided or the organizer perceives that he will be unable to procure a significant proportion of the services to be provided, the organizer shall make suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the package, and where appropriate compensate the consumer for the difference between the services offered and those supplied”.
As to the defendant, they have refused to accept such services as well as another package travel and this behaviour should be considered against good faith.
The Tribunal of Rome based the decision on the case-law of the ECJ (see for instance: Simone Leitner v. TUI Deutschland GmbH & Co KG. Case C-168/00) and the National case-law.
The judge concluded that the group of tourists was entitled to refuse the substitute package because it was not equivalent to the one it has chosen; and consequently, awarded them the sum of Euro 8.668,73, including the non-material damage.
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