Jurisprudenţă

Package Travel Directive, RECITALS Package Travel Directive, Article 4, 6.

A consumer is not entitled to request that the travel agency offers a different package in exchange for the money paid in advance as part of the price of the initial package, in case the consumer was unable to benefit from the initial package due to reasons which are independent from the travel agency.

The plaintiff entered into a package travel agreement with the defendant for a cruise on the Nile and paid EUR 1,550 in advance. Subsequently, due to a high-risk pregnancy, the plaintiff was unable to take the trip and, claiming the occurence of a fortuitous case (Romanian, caz fortuit) and its rights under the agreement, requested that either (a) the defendant offers a different package in exchange for the sum of money already paid, or (b) in subsidiary, the repayment of the EUR 1,550 sum which was paid in advance.

Can a travel agency be obliged to offer to the consumer a different package in exchange for the original one, in case the cosumer was unable to benefit from the initial package?

The court, considering that (a) the termination right provided under art. 17 first thesis of Ordinance no. 107/1999 does not produce the same effects as an event which represents a fortuitous case, and (b) moreover, a pregnancy does not represent a fortuitous case, decided that the defendant cannot be obliged to perform an obligation which is different to the one assumed under the package travel agreement.

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The plaintiff's claims were rejected.