Case Details


Case Details
National ID link
Lidstaat België
Common Name link
Decision type Court decision in appeal
Decision date 10/02/2014
Gerecht Hof van Beroep Antwerpen
Onderwerp
Eiser Jetair NV
Verweerder Unknown
Trefwoorden foreseeability, package travel, travel

Package Travel Directive, Article 4, 7.

A force majeure event does not relieve the travel organizer of its obligation to offer the consumer suitable alternative arrangements or compensation, where applicable, under article 4, 7. Directive 90/314.
The defendants booked a holiday to India via the plaintiff, a travel organizer. On their journey back, the defendants stranded in Helsinki as a result of the eruption of the Eyjafjallajökull volcano. The defendants made additional costs to stay in Iceland and to plan their journey back to Belgium. They claimed the reimbursement of these costs from the plaintiff.
Does a force majeure event, relieve the travel organizer of its obligation to offer the consumer suitable alternative arrangements or compensation, where applicable, under article 4, 7. Directive 90/314?
The court ruled that according to article 4, 7. Directive 90/314 (implemented in Belgian law through article 15 of the Act of 16 February 1994) the plaintiff was indeed obliged to provide suitable alternatives or to compensate the consumer (where such alternatives are impossible or not acceptable to the consumer for good reasons).

The fact that the plaintiff did not have a representative in Iceland was discarded as an invalid reason.

Also, the fact that the problems occurred during the travel back to the country of departure, and not at the destination of the journey (i.e. India), is not deemed relevant. A flight back to the country of departure is considered part of the travel.

The court further ruled that the force majeure event, caused by the volcano eruption, does not relieve the plaintiff from the aforementioned obligation. This is nowhere provided in the relevant legal provision, as a result of which the travel organizer's obligations continue to apply without limitation in case of such an event.
Full Text: Full Text
Member State National ID Common Name Directive Articles Decision Date
België C.14.0335.N link Package Travel Directive, Article 4, 7. 13/03/2014

No results available

The travel organizer was required to comply with its obligations under the package travel legislation.