Invalid passports no reason for package holiday refund
The claimant had booked a holiday package to the US organised by the defendant. She was supposed to travel to the US together with her husband and her daughter on May 19, 2013. In January 2013 she applied for new passports for her daughter and herself which were issued and sent to her accordingly. However, as the authorities did not receive any confirmation of delivery it was assumed that the passports had been lost and therefore they were declared void. However this information was not conveyed to the claimant. When the claimant and her family went to check in for the flight, they were refused because of the invalid travel documents.
The defendant only refunded a part of the package price. The claimant’s request for full reimbursement was dismissed by the German Supreme Court (BGH) which held that the event was part of the sphere of risk of the plaintiff and could not be regarded as ‘force majeure’. It was the sole responsibility of every traveller to produce valid travel documents.
(Source: IFTTA. 16 May, 2017)