The fact that the tour guide of an organized tour is only available via WhatsApp and not in person does not constitute a travel defect. This was decided by the Munich District Court (Case No. 158 C 14594/23).
The case concerned a traveler from Munich who had booked a package tour to Dubai from November 12 to 19, 2022, for 774 euros. After his return, the customer filed a complaint with the tour organizer and claimed compensation of 400 euros, arguing, among other things, that the German-speaking tour guide was only available via WhatsApp and was not constantly present on site.
The court ruled that the plaintiff was only entitled to partial compensation of 4.84 euros (5% of the daily price of the trip) for the cancellation of a visit to Al Fahidi Fort. The lawsuit was otherwise dismissed.
The judges noted that the traveler was indeed entitled to expect a “qualified, German-speaking tour guide,” as provided for in the package description. This requirement was met, since the tour guide was available and accessible via WhatsApp. There was, however, no obligation to personally accompany the traveler on all activities in the program.
According to the court, it is not common practice in organized tours for the tour guide to be present at all times during each planned activity. The decision is final.
