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Case Details

Case Details
National ID VSL I Cp 4405/2010
Država članica Slovenija
Common Name link
Decision type Drugo
Decision date 30/03/2011
Sodišče Višje sodišče v Ljubljani
Zadeva
Tožnik
Toženec
Ključne besede

Package Travel Directive, Article 1

The consumer has to prove, that an optional excursion was an essential part of the pack-age travel contract.
The first instance court upheld a claim for execution of payment against the defendant (consumer). The Appellate court confirmed.
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.
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