EU Court Rules That Travellers Affected by COVID Curbs Should Benefit from Reduced Prices
The Court of Justice of the European Union ruled that all travelers whose package travel was affected by the Coronavirus pandemic can be entitled to a reduction of the travel cost.
The EU Court has issued such a ruling after a German court asked it to interpret the directive regarding package travel in cases where travel was disrupted by COVID curbs.
Munich I Regional Court requests the request because of the case of two travelers who purchased a 2-week package holiday to Gran Canaria from a German travel agent in March 2020.
Due to the curfew that was imposed to stop the spread of the COVID-19 pandemic, the two travelers were unable to access the beach and were therefore unable to use the sunbeds and swimming pools. They are now asking for a 70% price reduction.
After the case was brought to the EU Court and the outcome of the case, it was determined that all travellers have the right to a price reduction for any time they deal with non-conformity.
"The Court's judgment today states that a traveller can be entitled to a price reduction if the package does not conform to the requirements of travel services. This is because restrictions have been placed at travel destinations to combat the spread of infectious diseases such as COVID-19." The EU Court of Justice concluded.
The EU Court states that all services in a package must be evaluated in order to determine if the price reduction is appropriate. It also stresses that the reduction must reflect the value of services that travelers were unable or unwilling to use.
The EU Court stated that the obligations of an organizer arising out of a package travel contract do not include those specifically stipulated in it, but also those related to it as a consequence of its purpose,"
The decision of the EU Court of Justice has made it clear that the Regional Court Munich I will be responsible for assessing any services provided by the organizer. Munich I, the Regional Court, will be responsible for assessing the closing of the pool and lack of entertainment program, as well as the inability to access Gran Canaria's beach.
After the assessment has been completed, the EU Court ruled the price reduction of the specific package must correspond with the services that have been found to be incompatible.
Source: schengenvisainfo.com