Case law

  • Case Details
    • National ID: ECLI:NL:RBNHO:2015:10444
    • Member State: Netherlands
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 27/08/2015
    • Court: District court Noord-Holland
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Corendon International Travel B.V.
    • Keywords: conformity with the contract, consumer rights, inaccurate information, unlawful act
  • Directive Articles
    Package Travel Directive, Article 6
  • Headnote
    Failure to comply with a package travel contract and the reasonable expectations of a consumer by a travel organizer, constitute an attributable breach by that travel agency.
  • Facts
    A package travel contract had been closed between both parties on 25 June 2014. The package included airplane tickets and a stay in 5 star hotel with waterpark.

    Plaintiff asked the hotel and travel agency Corendon several times whether or not the hotel and waterpark had been finished. The answers from Corendon regarding the hotel were all positive and the waterpark would open before arrival.

    On the day of arrival the hotel was not finished and the waterpark unopened. Plaintiff filed a complaint form concerning both matters.

    Plaintiff claimed payment by Corendon on the grounds of not meeting the reasonable expectations of the contract.
  • Legal issue
    An important aspect of the package travel contract was the stay in the hotel with large waterpark. The court derives from the pictures taken by the plaintiff that the hotel and park were not finished.

    The court decides that Corendon should have known that both the hotel and waterpark were unfinished and should have informed plaintiff beforehand. Corendon has failed to comply with the contract.

    Corendon has not fulfilled the reasonable expectations the plaintiff could have on grounds of the contract.

    The alternatives offered by Corendon are not equal to the original expectations and therefore do not suffice. The plaintiff should have been informed before leaving resulting in non-complience by Corendon.
  • Decision

    Does a failure to comply with a package travel contract and the reasonable expectations of a consumer by a travel agency, constitute an attributable breach by that travel agency?


    Full text: Full text

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  • Result
    The court sustains the plaintiff's request and Corendon is condemned to the payment of the claim and the costs of proceedings.