The plaintiff booked the defendant, a travel agency, a beach vacation with half board for his mother and himself. Because it was a last-minute decision to go on the vacation, the hotel offers at the selected destination (Dubai) were limited. A couple of days after the plaintiff had chosen a hotel situated at the beachfront, he was informed by an employee of the defendant that the selected hotel had no more vacancies. The employee of the defendant recommended an alternative hotel and told the plaintiff that this hotel is not situated at the beach but rather is a city hotel which offers shuttle service to the beach. Together the plaintiff and the employee of the defendant printed out a site map of the hotel which was handed over to the plaintiff. The plaintiff then booked the city hotel.
The distance between the city hotel and the beach is about 25 km; the drive with the shuttle service took about forty-five minutes and therefore was only offered once per day.
After the vacation, the plaintiff filed a claim reclaiming the travel price because the agreed services of a beach vacation were, in his opinion, not fulfilled.
Both the court of first instance and the appellate court rejected the claim.