Collective Commentary about the New Package Travel Directive

ARTICLE 14 | MICHAEL WUKOSCHITZ 347 I. Accomodation Lack of Conformity Percentage Remarks deviation from booked object 10-25 according to distance different situation (distance to beach) 5-15 different kind of accomodation (hotel room instead of bungalow; different floor) 5-10 room features • room area too small • missing balcony • missing seaview • missing (private) bathroom/toilet • … 5-10 5-10 5-10 15-25 … if promised / depending on season if promised if booked … In most cases, the list is indicating a frame of percentages for the appropriate price reduction rather than a single number. Immediately after its publication, the Frankfurt List was heavily criticized as being far too schematical and not taking into regard the broad variety of cases 10 . Applying the list could infringe justice in the individual case. A lot of German courts therefore explicitly refused to apply the Frankfurt List 11 . Meanwhile a lot of other price reduction lists have been published like a Kempten List 12 , a Mainz List 13 , a Vienna List 14 and others more 15 . These lists differ from the Frankfurt List insofar as they are referring to particular judgements which are quoted by their file numbers and therefore allow to look up the particular circumstances of the respective cases. However, all these lists have been regarded as not being any kind of legal source and therefore are not binding for the courts 16 . Their main purpose is merely to provide a rough orientation on what percentage of price reduction might be appropriate. The fact that all EUmember states now have to implement the remedy of price reduction for lack of conformity might lead to further lists in the various member states. 10 Müller-Langguth , NJW 1985, 900 and 1887. 11 OLG Hamburg, NJW 1985, 3030; LG München 12.02.1987, 31 S 14640/86; OLG Celle 24.05.1995, 11 U 144/94. 12 Recent update available at https://reiserechtfuehrich.files.wordpress.com/2018/07/kemptener-tab-7-20182.pdf. 13 First published by Kaller , Reiserecht [1999]. 14 Lindinger , Wiener Liste zur Reisepreisminderung 3 [2016]; most recent update in ZVR 2018/118. 15 Including a „Würzburg List“regarding price reduction for cruises, available at https://würzburger-tabelle.de/. 16 OGH 03.11.2005, 6 Ob 419/03v; Wukoschitz , Reisepreisminderungsmythos “Frankfurter Tabelle”, RdW 2006, 488.