The plaintiffs together purchased a package travel in the defendant’s online shop. After a while the defendant refunded the plaintiffs’ money and cancelled the travel. Due to this, the plaintiffs requested remedies from the defendant for the failure to perform the contract.
The defendant refused to compensate the plaintiffs and claimed that it is not an organizer, but merely a retailer and thus not liable for non-performance of the contract.
In reality, the defendant was registered in the national registers as both an organizer and a retailer within the meaning of Article 2 of Directive 90/314/EEC.