On behalf of the Ministry of Social Affairs, the Association for Consumer Information (VKI) successfully supported a consumer whose outward flight was 22 hours late on a planned one-week tour of Russia.
In addition, her luggage could not be found for a long time after arriving at the destination airport, which caused greater inconvenience for the consumer as the journey continued. The initially unrepentant tour operator, LOGOS-Reisebüro GmbH, had to reimburse the person concerned about 683 euros after the VKI intervened. The judgment is final.
The affected consumer had booked a tour of Russia for 1.639 euros through the Graz travel agency. Since the agreed outbound flight was canceled, it only arrived at the destination airport in Moscow 22 hours late. On the one hand, the consumer missed the first day of the tour, which included the city tour in Moscow. On the other hand, her luggage was lost, which could only be found the following day. Since the consumer was no longer in Moscow at this time due to the travel program, she asked for the suitcase to be transported back to Vienna and made emergency purchases (clothing, hygiene items, etc.), which she kept in nylon bags during the trip, among other things.
Compensation for lost vacation enjoyment
When the travel agency refused to pay compensation, the person concerned turned to the VKI. The VKI brought a lawsuit, whereupon the travel agency paid compensation, but only in the amount of around 132 euros. In the subsequent proceedings, the Graz Regional Court for Civil Law Matters awarded the consumer a further 551 euros, with the result that the tour operator had to reimburse the customer for a total of 683 euros. The amount determined by the court includes not only a price reduction for the flight delay and the temporary loss of your luggage, but also compensation for the lost holiday pleasure.
“It is regrettable that in this case only going to court resulted in compensation for the consumer concerned. The court also clearly identified major deficiencies in the vacation trip booked, which ultimately led to a price reduction and compensation for lost vacation enjoyment. In similar cases, the VKI will pursue a judicial clarification if tour operators show themselves unreasonable ”, concludes Beate Gelbmann, head of the complaints department at the VKI.