September 17, 2025, 12:10 pm | Read time: 2 minutes
A hotel room advertised as renovated turned out to be a sham–and the traveler was allowed to cancel the trip for free: A ruling by the Munich District Court clarifies the extent of travel agencies’ responsibility for incorrect information in travel brochures. TRAVELBOOK explains what rights exist when a hotel room is not as described in the hotel brochure.
Court Recognizes Travel Deficiency with Unrenovated Room
A man had booked a package tour to Egypt, placing particular importance on the condition of his hotel room. According to a statement from the Munich District Court, he had previously experienced that some accommodations in the country appeared run-down.
During the booking, a travel agency employee assured him that all rooms in the offered hotel were renovated. Additionally, he was shown photos labeled as living examples by the tour operator, according to the court. Based on this, the man decided to book.
Internet Research Reveals Discrepancies
After signing the contract, the traveler became suspicious and conducted online research–with a sobering result: Not all rooms in the hotel were actually renovated. An inquiry with the tour operator confirmed the suspicion. The man was informed that no renovated room was booked for him and none was available, as the court describes.
He then canceled the trip, valued at nearly 2,000 euros, and refused to pay the cancellation fees of 657 euros. The tour operator disagreed and sued for payment.
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Court Sees Significant Deficiency–Operator Liable
However, the Munich District Court sided with the traveler (Case No.: 112 C 7280/25). The package tour was impaired by a significant travel deficiency, as it did not have the agreed-upon condition between the parties. This deficiency was attributable to the tour operator.
The ruling states: “The tour operator is generally responsible for incorrect statements made by a travel agency employee, who mediates trips for the tour operator, throughout the entire selection and booking process.” Furthermore, the operator also bears the risk of incorrect forwarding of the offer by the mediating travel agency.
Ruling Not Yet Final
The ruling is not yet final. The case was first reported by the specialist portal “touristik aktuell.” It highlights the importance of precise information when booking–and that travelers should not be held accountable for false promises.
With material from dpa