Retspraksis

  • Sagsoplysninger
    • Nationalt ID-nr.: Pakkerejse-Ankenævnets kendelse i sag nr. 2016/0080
    • Medlemsstat: Danmark
    • Almindeligt anvendt navn:The Travel Industry Complaints Board's decision of 29 September 2016 in case 2016/0080
    • Afgørelsestype: Administrativ afgørelse i første instans
    • Afgørelsesdato: 29/09/2016
    • Retsinstans: Pakkerejse-Ankenævnet
    • Emne:
    • Sagsøger: Unknown
    • Sagsøgt: Unknown
    • Nøgleord: good faith, package offers, package travel
  • Direktivets artikler
    Package Travel Directive, Article 2, 1. Package Travel Directive, Article 2, 1., (c) Package Travel Directive, Article 2, 1.
  • Indledende note
    A tourist service is not considered as included in a package travel when the tourist service is supplied by a third party, regardless of whether the seller of the main trip provides the buyer with the opportunity to purchase said services, if the buyer should have known that the seller of the trip and the supplier of the services are different companies.
  • Fakta
    The plaintiffs had purchased a skitrip to Austria from the defendant. The defendant subsequently provided the plaintiffs with a link to the website of a Danish provider of ski schools where the plaintiffs could sign up for a Danish ski school at their destination. The name of the defendant was mentioned in the process of signing up for the ski school. Shortly before departure, the ski school was cancelled.
  • Juridisk spørgsmål
    Is a tourist service considered a part of a package trip when the seller of the trip supplies the buyers with the opportunity to purchase the tourist services from a third party?
  • Afgørelse

    The court found that the plaintiffs should have known that the defendant and the provider of the tourist services were different companies. Consequently, the tourist services could not be considered a part of a package travel and the court refused to admit the case on the grounds of the court not having jurisdiction.

    URL: https://www.pakkerejseankenaevnet.dk/fileadmin/user_upload/Kendelser/2016.0080_-_afvist.pdf

    Hele teksten: Hele teksten

  • Relaterede sager

    Ingen resultater

  • Retslitteratur

    Ingen resultater

  • Resultat
    The case was dismissed.