On Thursday, the European Union’s highest court said that tourists whose package trips were wrecked by the restrictions put in place to fight the COVID-19 outbreak might be entitled to at least a partial reimbursement.
After being consulted by a court in Germany, the European Court of Justice weighed in.
The case of two individuals, who purchased a two-week holiday package for the Spanish island of Gran Canaria beginning on March 13, 2020, just as the epidemic struck Europe, is being considered by the Munich court.
Due to limits placed there two days later and their early return, they ask for a 70% price reduction.
Beaches were closed, a curfew was put in place, and the plaintiffs were only permitted to leave their hotel room to dine when the restrictions were placed on March 15, according to the EU court.
They were instructed to be prepared to depart at any time on March 18, and two days later, they had to return to Germany.
The tour operator opposed the desired reduction because it couldn’t be held liable for a “general life risk.”
The EU court determined that “where a lack of conformance of the travel services included in the package is attributable to limits imposed at the trip destination to the traveler is entitled to a reduction in the price of his or her package.”
It was stated that it is irrelevant if comparable limitations are in place in the traveler’s home country or other nations.
Now the German court must determine if the limits in the particular case in question “may represent failures to perform or defective performances” of the contract by the trip operator.