Delayed flight: must the travel agency compensate the traveler?

MIL OSI Translation. Government of the Republic of France statements from English to French – Credits: © ONYXprj – Fotolia.com

The travel agent is automatically liable for the poor performance of the service he offers, even if he has not committed any particular fault and even if the damage is due to the fault of one of his service providers. This is what the Court of Cassation judged on July 11, 2018.

A traveler had concluded a contract with a travel agent for a vacation including flight, transportation and accommodation at an all-inclusive price. Having had to leave the day after the scheduled day because of an overbooking practiced by the airline, he claimed compensation to the agency.

The court dismissed his claim on the ground that he did not adduce evidence of misconduct by the travel agent in the performance of his performance and that he was compensated by the airline for overbooking. .

The judgment is broken. The Court of Cassation reminds that the travel agent is automatically liable in case of poor performance of the service he offers. His liability can be waived only by providing proof that the damage is due either to the traveler or to a third party who is not a party to the provision of the travel services provided for in the contract, or to force majeure.

EDITOR'S NOTE: This article is a translation. Please forgive us should the grammar and / or sentence structure not be perfect.