High penalty for tour operators 1.3 kilometers is not "a few minutes' walk" to the beach
If a hotel is 1.3 kilometers from the beach, is that just a few minutes' walk? The Munich district court dealt with this question - and came to a clear answer.
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- A tour operator had advertised a hotel 1.3 kilometers from the beach as being "just a few minutes' walk from beautiful beaches".
- A court in Munich sentenced the tour operator to a heavy fine for this false assessment.
- The lawsuit was brought by a woman who had traveled to Costa Rica with her nine-year-old daughter in 2022.
A hotel located 1.3 kilometers from the beach is not "only a few minutes' walk from beautiful beaches" - this was decided by the Munich District Court in a ruling. A tour operator who had advertised the hotel as such despite the distance must therefore pay the costs for a replacement hotel and compensation - a total of 1795 euros (approx. 1719 francs).
A 25-minute walk from the beach
The lawsuit was filed by a woman who had traveled to Costa Rica in 2022 with her nine-year-old daughter and discovered on arrival that the boutique hotel she had booked, which was described as being "just a few minutes' walk from the best restaurants and beautiful beaches [...]", was actually a 25-minute walk from the beach. She was told at reception that she would have to take a cab there.
After consultation with a local contact of the tour operator on site, the mother then booked a replacement hotel. She claimed these costs and compensation for a day's vacation wasted by changing hotels back from the tour operator - and has now been proved right by the court.
The 1.3 kilometers to the beach could only be covered in five minutes at a walking speed of around 15.6 kilometers per hour. And that is "an ambitious pace even for experienced runners", the court ruled. "In view of the fact that the defendant was aware when planning the trip that the plaintiff was traveling with a nine-year-old child - after all, she adapted her leisure program to suit the child - it cannot be assumed that such a pace would be maintained."
Almost 9,000 euros for twelve days
The court also pointed out that at just under 9,000 euros (approx. 8616 francs) for twelve days (excluding flights), it was a "trip in the high-price segment". "The defendant, which advertises itself as offering 'unforgettable luxury trips', must be measured against its own standards in this respect," said the court. "In any case, the court is convinced that 'a few minutes' is a time that regularly does not exceed five minutes at a normal walking pace for a high-priced luxury trip."