Package Travel Directive, Article 2, 1. Package Travel Directive, Article 2, 1., (a) Package Travel Directive, Article 2, 1., (b) Package Travel Directive, Article 2, 1., (c) Package Travel Directive, Article 5, 2. Package Travel Directive, Article 5, 2., -

(1) A trip that includes flight and accommodation is a package travel regardless of whether the purpose of the trip is for the customer to have medical work done.

(2) An organizer is not liable for a loss suffered by the costumer as a consequence of the third party providing medical services failing to fulfill the contract, regardless of the latter being the undisputed purpose of the trip.

The defendant was a travel agency that planned and offered trips to Hungary for their customers to have cheap dental work done there. The plaintiff purchased one of said trips but the dental work done in Hungary was subpar, resulting in the plaintiff suffering a loss.

(1) Is a trip that includes flight and accommodation but has the purpose of the customer having medical work done a package travel?

(2) Is an organizer liable for a loss suffered by the costumer as a consequence of the third party providing medical services failing to fulfill the contract, if this was the purpose of the trip?

The court stated that dental work performed in connection with a package travel fell outside the scope of Section 22 of the Package Travel Act.

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Ingen resultater

The plaintiff's claim was dismissed.