Case law

  • Case Details
    • National ID: Pakkerejse-Ankenævnets kendelse i sag nr. 2016/0080
    • Member State: Denmark
    • Common Name:The Travel Industry Complaints Board's decision of 29 September 2016 in case 2016/0080
    • Decision type: Administrative decision, first degree
    • Decision date: 29/09/2016
    • Court: The Travel Industry Complaints Board
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: good faith, package offers, package travel
  • Directive Articles
    Package Travel Directive, Article 2, 1. Package Travel Directive, Article 2, 1., (c) Package Travel Directive, Article 2, 1.
  • Headnote
    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.
  • Facts
    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.
  • Legal issue
    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.
  • Decision

    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?

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

    Full text: Full text

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  • Result
    The case was dismissed.