1 / 8

IFTTA  Europe - Budapest 2008

IFTTA  Europe - Budapest 2008. Tour operator liability for physical injury under German law. Presentation by Uta Stenzel, Germany.  Contract liability § 651 f Abs. 1 BGB .  Tort liability § 823 Abs. 1 BGB. Liability of tour organizers for personal injury sustained by travelers.

seoras
Download Presentation

IFTTA  Europe - Budapest 2008

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

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

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

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

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

  5. BGH, 18.07.2006 - X ZR 142/05 - (water slide) BGH, 18.07.2006 - X ZR 44/04 - (glass door) German Federal Court (BGH)

  6. Water Slide BGH, 18.07.2006 - 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 DoorBGH, 18.07.2006 - 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

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

More Related