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Case Details

Case Details
National ID 3K-3-556/2013
Member State Lithuania
Common Name link
Decision type Supreme court decision
Decision date 08/11/2013
Court Supreme Court of Lithuania
Subject
Plaintiff A. G., M. S., D. G., J. V., R. Š., R. Š., A. V., R. V., S. L. and I. V.
Defendant UAB “Tez Tour“
Keywords accommodation, package travel, poor quality, transport

Package Travel Directive, Article 3, 2., (b) Package Travel Directive, Article 5, 1.

There is an obligation for the travel organiser, in order to form reasonable expectations of the tourist, to inform the tourist about the different standard of a five-star cruise ship and hotel ranking in the country of destination, if the standard is different from the common standard in the home country of the tourist.
The plaintiffs and the defendant concluded a cruise tour contract. The anticipated tour, according to the information provided by the defendant in its website, was supposed to be a comfortable and luxury five-star ranking tour by the cruise ship in Egypt.

The plaintiffs were dissatisfied, because the ship they embarked on did not meet the perceived standard of a five-star ranking, as the cabins were uncomfortable, with lack of sanitary conditions and hygiene, hot water, towels and with a meager choice of food. The accommodation in a local hotel did not meet the anticipated five-star ranking as well. The plaintiffs claimed pecuniary and non-pecuniary damages from the defendant due to the fact that the contract was not performed in accordance with reasonable expectations of the tourists.

The defendant claimed that the cruise ship and accommodation met the five-star ranking according to the standards of Egypt.
The court concluded that the reasonable expectations of the palintiffs (consumers) were formed in accordance with the information provided by the defendant on its website, which included photos of luxurious trip and accommodation rated as five-star.

The defendant misled the plaintiffs, so the court ruled, by providing them with only that information regarding a five-star category of cruise ship, which was granted under different (lower) standards than the corresponding standards in the home country of the plaintiffs, and by not describing the specific features of the trip.

Such information could have been of essential importance for the plaintiffs; therefore, the reasonable expectations of the plaintiffs were not met, giving rise to the claim of damages in accordance with Article 5 of Directive 90/314/EEC (implemented into Lithuanian law by Article 6.754 of the Civil Code).
Is there an obligation for the travel organiser, in order to form the reasonable expectations of the tourist, to inform the tourist about the different standard of a five-star cruise ship and hotel ranking in the country of destination, if the standard is different from the common standard in the home country of the tourist?
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The court upheld the plaintiffs’ claim.