Διαδικτυακή πύλη της ευρωπαϊκής ηλεκτρονικής δικαιοσύνης - Case Law
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Case Details

Case Details
National ID Court decision number 109/2011
Κράτος μέλος Ελλάδα
Common Name link
Decision type Court decision, first degree
Decision date 13/01/2011
Δικαστήριο Πολυμελές Πρωτοδικείο Αθηνών
Θέμα
Ενάγων Unknown
Εναγόμενος Unknown
Λέξεις-κλειδιά consumer, organizer, package, performance, retailer

Package Travel Directive, Article 5, 1. Package Travel Directive, Article 5, 2. Package Travel Directive, Article 5, 2., - Package Travel Directive, Article 5, 2., - Package Travel Directive, Article 5, 2., - Package Travel Directive, Article 5, 2. Package Travel Directive, Article 5, 2.

(1) The organizer and/or retailer that are parties to the contract are liable to the consumer for the proper performance of the obligations arising from the contract, irrespective of whether such obligations are to be performed by that organizer and/or retailer or by other suppliers of services.

(2) Regarding the damages suffered by the consumer due to non-performance or improper performance of the contract, the organizer and/or retailer is/are liable unless such failure to perform or improper performance is not due to their fault nor to the fault of another supplier of services, because:
- either the failures which occurred in the performance of the contract are solely attributable to the consumer;
- or such failures are solely attributable to a third party, alien to the provision of the services provided for in the contract, and the contracting parties could not have foreseen or avoided them;
- or such failures are due to force majeure, or to an event which neither the organizer and/or retailer, nor the supplier of services could, with all due care, foresee or forestall.

(3) As for damages arising from the non-performance or improper performance of the services of the package travel, the compensation is limited in accordance with the provisions on liability of the international conventions, which bind the country and govern such services. Reasonable limitation of the compensation may be provided for in the contract for damages other than personal injury resulting from the non-performance or improper performance of the services of the package travel.
The plaintiff and her husband had taken part in a package travel to Switzerland, organised by the defendant. However, the defendant did not fulfill properly the obligations arising from the contract as the drivers were inexperienced and as a result they were constantly lost. Due to these delays, there were several changes in the schedule and therefore, the plaintiff lost meals and visits. In addition to the aforementioned, the bus, by which the plaintiff travelled, had a dangerous mechanical damage, which caused extreme stress to the plaintiff. The plaintiff filed a claim against the defendant seeking compensation for damages suffered.
(1) Who is responsible for the proper performance of a contract?

(2) Who is liable for damages suffered by the consumer due to non-performance or improper performance of the contract?

(3) Is the compensation due for damages arising from the non-performance or improper performance of the services of the package travel subject to any limitations?
The court ruled that the defendant failed to properly perform the services included in the package travel contract, thus the defendant should compensate the plaintiff. Moreover, in case of non-performance or improper performance of a package travel contract, the consumer has a right to compensation for non-material damage (moral damage), as the personality of the traveller is violated.
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The court ruled that in case of non-performance or improper performance of a package travel contract, the consumer has a right to compensation for non-material damage (moral damage), as the personality of the traveller is violated.