TUI is a travel service which, among other things, sell package travel contracts to tour operators. KLM is an airline which also sells airplane tickets to tour operators.
Plaintiff has concluded a package travel contract with TUI in accordance with article 7:500 DCC (Directive 1990/314/EEC, article 2 section 1), including a two-way ticket to Rome with KLM and two overnight stays.
The consumer informed TUI that he has made use of his right to substitute the travel contract to someone else. A demand letter was send to TUI per e-mail in order to demand compliance of the substitution after TUI neglected to do so. TUI replied by saying that the substitution would be possible in accordance with article 7:506 DCC (Directive 1990/314/EEC, article 4 section 3), however that the consumer would be liable for the costs of such substitution, which will consist of the original cost plus the cost of new tickets.
Plaintiff did not believe this to be reasonable and started the procedure.