Travel agents may be liable for claims arising out of nonmaterial loss on holiday, such as loss of enjoyment due to food poisoning, according to one of the Advocates-General of the European Court of Justice.
The opinion of Mr Antonio Tizzano was released yesterday by the court. The opinion is not binding on the court but is his view on the appropriate legal solution available in a given case. In 80 per cent of cases, the court agrees with the views of the Advocate-General.
The case was taken by an Austrian family who bought a package holiday to Turkey. Shortly after their arrival their young daughter showed signs of salmonella from food served in the club where they were staying.
This continued throughout their stay, and even for some time after their return home, ruining the holiday for the family.
They claimed they should be compensated for the damage caused to them by the ruined holiday, as well as for specific material losses arising from the child's illness. The Austrian court to which they presented their claim held them to be entitled to compensation for the material loss, but referred the matter of non-material loss to the Court of Justice.
Mr Tissano pointed out that the purpose of the 1990 directive on package holidays was to ensure consumer and tourist protection and added that it should be interpreted in the way most favourable to the consumer.
He also commented that holidays were no longer the privilege of a few, but a consumer product for a growing number, and their full and effective enjoyment might be in itself an asset worth protecting.