Munich court: Etihad's stopover with a hotel can be considered a package tour
A multi-day stopover in Abu Dhabi isn't necessarily just an add-on to your flight ticket. A German court has ruled that a combination of flights and hotel accommodation, when booked with an airline, can create tour operator obligations.
The passenger paid for the replacement hotel herself.
The Municipal Court in Munich has ordered Etihad Airways to reimburse a passenger €2,387 which she spent on alternative hotel accommodation in Abu Dhabi.
The dispute concerned a journey that did not only involve transportation to the final destination. The passenger had also booked with Etihad along with the flight ticket multi-day stopover with hotel. When the booked accommodation was unavailable, the hotel had to find and pay for it herself.
The key issue was not whether the hotel service was technically separate from the flight, but how the overall offer was presented and contracted. The court concluded that such a combination, depending on the circumstances of the booking, could have the characteristics of a package deal.
An airline is more than just a carrier
The decision is important because it shows that an airline's responsibility can extend beyond transporting passengers. When a carrier sells a flight and accommodation as a connected journey, it cannot always claim that the hotel is provided by another company.
Etihad In the current terms of its stopover programme, it states that flights are operated by the airline, while hotel reservations are managed by Etihad Holidays. However, in the event of changes, cancellations, or accommodation issues, passengers should contact Etihad. It is precisely this model that can create the impression for customers that they are purchasing a single, complete service.
Signal for airlines and travel agents
The ruling could have wider implications for carriers that use stopover programmes to boost revenue and promote their home destinations. Flights, hotels, transfers and activities are increasingly being sold within the same booking process.
Stopovers remain a powerful sales tool, but this decision serves as a reminder that commercially linking multiple services can also bring with it the responsibilities that are otherwise associated with tour operators.
