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Wednesday, 26 June 2019
German tourist gets court backing in case over holiday gone wrong
A man seeking thousands in damages for a ruined vacation got the backing of Germany's Federal Court of Justice (BGH) on Tuesday.
The German man is suing tour operator Tui after his partner's child walked through a glass balcony door and sustained injuries while on holiday abroad.
Lower courts had dismissed the case, saying that caution stickers on the door provided enough of a warning.
Judges in Karlsruhe said that although the door was marked, the lower court judges should have checked to see if the door complied with the building regulations in the country where the incident took place.
If the door was supposed have been built with shatter-proof glass, then the two stickers wouldn't have solved the problem, presiding judge Klaus Bacher said.
The warning signs for the hotel guest would have had to be much larger, he said.
The case will now have to be heard again in a lower court.
The man argued Tui should pay him almost €7,000 ($7,970) in damages for the ruined holiday, covering a refund for the trip, plus compensation for wasted holiday time and the injury.
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