Case law

  • 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
  • Directive Articles
    Package Travel Directive, Article 3, 2., (b) Package Travel Directive, Article 5, 1.
  • Headnote
    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.
  • Facts
    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.
  • Legal issue
    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).
  • Decision

    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?

    URL: http://liteko.teismai.lt/viesasprendimupaieska/tekstas.aspx?id=3defca67-e2d0-460a-bb78-76391a4a89bc

    Full text: Full text

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  • Result
    The court upheld the plaintiffs’ claim.