Case law

  • Case Details
    • National ID: Pakkerejse-Ankenævnets kendelse i sag nr. 2010/0330
    • Member State: Denmark
    • Common Name:The Travel Industry Complaints Board's decision of 25 August 2011 in case 2010/0330
    • Decision type: Administrative decision, first degree
    • Decision date: 25/08/2011
    • Court: The Travel Industry Complaints Board
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: accommodation, package travel, transport
  • Directive Articles
    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)
  • Headnote
    Overnight accommodation during transport is not considered "accommodation" in the meaning of Section 2(1)(1) of the Package Travels Act.
  • Facts
    The plaintiff had purchased a return trip from Copenhagen to Oslo from the defendant. The trip included overnight accommodation in a cabin on the ship. However, the return trip was cancelled two moths prior to departure. The defendant offered the plaintiff a ticket back to Copenhagen on another ship on the day after the originally scheduled date. The plaintiff accepted the offer, which meant that the plaintiff would have to pay for another day of accommodation in Oslo due to the prolonged stay.
  • Legal issue
    The court reasoned that the contract between the plaintiff and the defendant in reality was a transport agreement and that accommodation during transport did not constitute "accommodation" in the meaning of Section 2(1)(1) of the Package Travels Act. The court consequently refused to admit the case on the grounds of the court not having jurisdiction.
  • Decision

    Is overnight accommodation during transport considered "accommodation" in the meaning of Section 2(1)(1) of the Package Travels Act?

    URL: https://www.pakkerejseankenaevnet.dk/fileadmin/user_upload/Kendelser/2010.0330.pdf

    Full text: Full text

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  • Result
    The case was dismissed.