The Munich I Regional Court addressed the risks of online ticket purchases in a judgment. The plaintiff asserted claims for damages against the defendant, who operates an online travel portal, due to the violation of contractual disclosure obligations.
The plaintiff intended to book four flights for himself and his family from Stuttgart to San Jose, California, USA, via the defendant's online portal. However, the plaintiff inadvertently selected San Jose, Costa Rica, as the flight destination. During the booking process, there was no further notification regarding the selected destination. The booking confirmation only listed the place names with international airport codes, specifically 'San Jose (SJO)'. Similarly, the invoice only showed the place names without country designations, and the subject line stated 'Service: Flight Only Publish Central/South America'. The plaintiff only became aware of the booking for flights to San Jose, Costa Rica, upon checking in at Stuttgart Airport. Consequently, the plaintiff purchased four new tickets from Stuttgart via Atlanta to San Jose, USA, for a total of EUR 9,037.40.
The plaintiff argued that he should have been explicitly informed by the defendant, either during the booking process or at the latest in the booking confirmation or invoice, that he had booked a flight to San Jose, Costa Rica. The plaintiff contended that the defendant, as the operator of an online portal, had breached its duty to inform. The plaintiff claimed the difference between the travel prices for the originally booked flights and the subsequently booked flights to the USA.
Unsuccessful.
The competent single judge of the 34th Civil Chamber dismissed the action.
The defendant had no duty to inform the plaintiff again about the destination he had chosen on the Internet portal and the differences between San Jose in the USA and San Jose in Costa Rica.
Literally it is called in addition:
"Rather, by using the Internet portal, the plaintiff is consciously allowing himself to be exposed to the possibilities and advantages, and thus also to the risks, of booking on the Internet. One of the risks of booking via the Internet is that the customer may inadvertently "click" when selecting various options. In turn, the defendant is obligated to take precautions so that the customer is aware that he has to make a choice between several destination options and that these choices are clearly presented to the customer to avoid confusion. To the conviction of the court, the defendant has fulfilled this here.
[...]
Thus, the risk that falls solely within the plaintiff's sphere of responsibility materialized. He must therefore abide by his booking of the flight to Costa Rica. No breach of duty by the defendant occurred.“
(Proceedings of the Munich I Regional Court, Ref. No. 34 O 1300/08, Judgment of June 17, 2008; the judgment is legally binding)
Source: Press release of the Munich I Regional Court dated September 24, 2008, Press Spokesperson Presiding Judge Dr. Frank Tholl, Prielmayerstraße 7, 80335 Munich, Email: poststelle@lg-m1.bayern.de, Internet: www.justiz.bayern.de/gericht/lg/m1/
Goldberg Attorneys at Law, Wuppertal-Solingen 2008
Attorney at Law Michael Ullrich, LL.M.(Information Law)
m.ullrich@goldberg.de
