Case law

  • Case Details
    • National ID: VSL I Cp 4405/2010
    • Member State: Slovenia
    • Common Name:link
    • Decision type: Other
    • Decision date: 30/03/2011
    • Court: Višje sodišče v Ljubljani (First instance and/or appellate court, Ljubljana)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Package Travel Directive, Article 1
  • Headnote
    The consumer has to prove, that an optional excursion was an essential part of the pack-age travel contract.
  • Facts
    The first instance court upheld a claim for execution of payment against the defendant (consumer). The Appellate court confirmed.
  • Legal issue
    Defendant and claimant (tour organiser) have concluded a contract for a package tour to Iceland. They have also agreed on an optional excursion to Greenland against payment. Later, the claimant has cancelled the optional excursion. Ten days prior to departure the claimant has informed the defendant that the optional excursion is >doubtful< and five days later, that it is cancelled. The defendant has cancelled the entire trip. In the proceed-ings, the defendant failed to prove that the optional excursion (to Greenland) was the es-sential part of the package travel contract.
  • Decision

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result