Question juridique clé
Whether the travel organizer was liable under the package travel contract for the lost suitcase.
Solution extraite
The organizer was generally liable for proper performance, but the plaintiff’s failure to disclose the unusually high value of the suitcase constituted a relevant omission under Art. 15(1)(a) Package Travel Act.
Motifs extraits
The court held that a creditor must warn the contractual partner about an unusually high, non-obvious value of entrusted property when this creates a risk of unusually high loss. The plaintiff’s omission was therefore a culpable omission within the meaning of the statute.