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Case Details

Case Details
National ID link
Member State France
Common Name link
Decision type Other
Decision date 08/03/2012
Court Cour de Cassation (Supreme court)
Subject
Plaintiff
Defendant
Keywords

Package Travel Directive, Article 4, 6.

No headnotes available.
The company Oceane voyages sold a package travel deal to Mr x... including the organisation, for him and his family, of a stay on the island of Réunion from 4th – 16th April 2010 and return flights leaving from Paris. Due to a volcanic eruption which resulted in the closure of the air space, Mr x and his family were forced to extend their holiday and accept a return flight to Marseille on 20th April 2010. Mr x contended that he had been exposed to additional costs in relation to his accommodation, as well as that of his family, from 16th – 20th April 2010 and the cost of renting a car to ensure return to Paris and claimed reimbursement of these costs from the company. The company was ordered to pay damages to the amount of the additional costs pleaded by the claimant.
The Court of Cassation rejected the appeal. Although force majeure provided a defence to the strict liability of the travel agent provided in article L 211-16 of the Tourism Code, it did not free the agent from the duty to protect the client from an increase in price caused by the cost of replacement services, services which article L 211-15 requires to be proposed to the client once the trip has began.
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