1 IFTTA Europe - Budapest 2008 Tour operator liability for physical injury under German law Presentation by Uta Stenzel, Germany.

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Presentation transcript:

1 IFTTA Europe - Budapest 2008 Tour operator liability for physical injury under German law Presentation by Uta Stenzel, Germany

2 Liability of tour organizers for personal injury sustained by travelers  Contract liability § 651 f Abs. 1 BGB  Tort liability § 823 Abs. 1 BGB

Contract liability § 651 f Abs. 1 BGB non- performance fault proof of non- fault supplier = servant § 278 BGB 3

Tort liability § 823 Abs. 1 BGB duty of care fault supplier = non-servant § 831 BGB 4

5 German Federal Court (BGH) BGH, X ZR 142/05 - (water slide) BGH, X ZR 44/04 - (glass door)

6 Water Slide BGH, X ZR 142/05 water slide part of tour services offered by tour organizer breach of duty to investigate safety of hotel and hotel facilities tour organizer liable for death of child and mental suffering of family

7 Glass Door BGH, X ZR 44/04 brochure language "equipment suitable for children“ constitutes duty to minimize and if possible to eliminate danger that might result from equipment tour organizer liable for permanent injuries of plaintiff

IFTTA Europe - Budapest 2008 Thank you very much for your attention 8

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