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[INTERNATIONAL] · Germany, France · 2 sources

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Rostock court invalidates Aida Cruises contract clauses

The Higher Regional Court (Oberlandesgericht) of Rostock has ruled several clauses in Aida Cruises' general terms and conditions to be invalid. The decision follows a lawsuit by the Federation of German Consumer Organisations (vzbv) regarding unfair customer disadvantages.

Key invalidated provisions include fixed 80 percent compensation fees for partial cancellations within a group or cabin, regardless of when the cancellation occurred. The court found that such flat fees often exceed the actual damages incurred by the operator, especially when cancellations are made well in advance.

Additionally, the ruling addressed terms concerning the assumption of additional costs during government-mandated ship quarantines and the conditions under which a captain may exclude passengers from onboard operations. The court emphasized the need to adhere to legal principles of proportionality and risk distribution in maritime travel contracts.

Entities

AIDA Cruises · AIDAperla · Le Havre · Oberlandesgericht Rostock