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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.
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IFTTA Europe - Budapest 2008 • Tour operator liability for physical injury under German law Presentationby 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
Contract liability § 651 f Abs. 1 BGB • non-performance • fault • proof of non-fault • supplier = servant • § 278 BGB
Tort liability § 823 Abs. 1 BGB • duty of care • fault • supplier = non-servant • § 831 BGB
BGH, 18.07.2006 - X ZR 142/05 - (water slide) BGH, 18.07.2006 - X ZR 44/04 - (glass door) German Federal Court (BGH)
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
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
IFTTA Europe - Budapest 2008 Thank you very much for your attention