A Court in Germany recently ordered a travel company to refund a German tourist 900 euros after he went on vacation and couldn’t secure a sun lounger. This was happening because other guests would reserve loungers with towels.

The plaintiff (David Eggert) said the resort had 400 sun loungers – all of them with towels on them.  Most guests weren’t even using the loungers.  According to Eggert, they’d put their towel down first thing in the morning and go back to bed – reserving their lounger for later.

This is very much a “first-world problem”, but the Court exists to solve all kinds of civil disputes (first-world or otherwise). This includes travel and vacation disputes involving consumer rights and contract law.

I am not sure what Court would hear this in Germany, but in Ontario this type of dispute would be heard in Small Claims Court.

Is It Worth Suing Over a Vacation Dispute in Ontario?

As interesting as it may be, a $900 euro dispute (just under $1,500 CDN) often isn’t worth the time and effort of going to Court in Ontario.

Your filing fee in Small Claims Court is $108.  Assuming the other party defends the suit, you’ll probably miss at least a half-day at work for the settlement conference and at least a full-day for the trial.

Hiring a lawyer would cost more than the dispute itself.  Without a lawyer, you’ll likely spend many days not only preparing the case but also learning the processes of Court.  For a $1,500 dispute, you’re usually better off eating your losses after you consider all the missed time from work.

That said, Small Claims Court in Ontario regularly handles consumer and travel-related disputes involving contracts, refunds and misrepresentation.

What Happens When You Don’t Get The Holiday You Contracted For? 

When you book a holiday, you’re creating a contract with the vendor.  This is true whether you book online, over the phone, or sign something in writing.

Canada is a common law country, meaning that most of our contract law is Judge made (as opposed to politician made).  That said, our common law has been modified by the legislature. This is seen where the Consumer Protection Act takes precedence over what the common law says.

Germany is a civil law country meaning they have a code of laws that govern contracts.

For lawyers and students in the common law countries, this German sun-lounger case almost certainly brings to mind the famous case of Jarvis v. Swans Tours.

In Jarvis v. Swans Tours, a lawyer booked a 15-day ski holiday in Switzerland and was promised an excellent vacation with:

• a 30-person house party
• great skiing
• Swiss Cakes.

The vacation ended up being nothing like the brochure promised. He was awarded damages for “loss of enjoyment” as well as the difference in monetary value between what was paid for and what was received.

Jarvis v. Swan Tours has been followed by Courts in Canada.  It is a cautionary tale to travel agents and other businesses promising an enjoyable vacation that they can be held to their promise.

Apply it to the German case – if you promise pool-side lounging, there better be pool side loungers available.

What Travel Operators Are Doing to Prevent Resort Disputes

Resorts have come up with solutions to the sun-lounger towel reserves. One hotel sounds a horn twice a day, and if you aren’t at the lounger, all your items are removed and put in the lost and found.  Other hotels have sun-lounger allocation systems.

Even with horns and reservation systems, fighting over sun-loungers with hundreds of other people doesn’t sound like much of a vacation to me.  I’d rather stay home!

Travel Dispute Lawyers in Ontario

Travel disputes may seem minor at first glance, but they can raise legitimate legal issues involving:

• contracts
• consumer protection laws
• misrepresentation.

If you experienced a

• significantly disrupted vacation
• misleading travel advertisement
• denied refund, you may have legal options available depending on the circumstances.

Our Ontario personal injury lawyers can help review your situation, explain your legal rights, and determine whether compensation or recovery may be available.