Can package holidaymakers request a travel price reduction if some facilities in the hotel are not available due to the corona pandemic? Yes, ruled the Düsseldorf District Court in the first instance. The court ordered that the tour operator must be repaid 20 percent of the price due to the fact that the playground and pool were closed due to the pandemic.

This first-instance judgment is very likely to cause headaches for organizers, because in many countries numerous hotel offers are officially closed due to the pandemic. This means that the accommodation providers are currently not allowed to open them. The Düsseldorf District Court found, however, that the tour operator is liable for this and that there is a right to a reduction in the travel price.

The background to the decision is that a family of four paid around 4.700 euros for a two-week vacation in Portugal. The catalog included an indoor swimming pool, pools, fitness room and playground. The accommodation company had to block these due to an official order so that the travelers could not use them. There were further restrictions that deviated from the booking. According to reports, the hotel meticulously followed the instructions of the Portuguese government.

Liability could be problematic

Under the transaction number 37 C 414/20, the Düsseldorf District Court found that the restrictions far exceed the “typical everyday extent” and are unacceptable to vacationers. It was determined that a price reduction of 20 percent is justified. Considered in individual cases, the judgment is not very problematic, but it could have a signal effect for the industry, because the attitude of the court reveals a general liability of the organizers for corona measures.

It can therefore be assumed that the defendant tour operator will appeal. It therefore remains to be seen how the next instance will judge, because it could turn into a financial fiasco for organizers if travel price reductions have to be granted due to official Corona measures. Up until now, it was assumed that these were outside the tour operator's sphere of influence, as they were ordered by the authorities. The Düsseldorf District Court denied this assumption.