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 trip that involved more than transport to the final destination. Alongside her flight ticket, the passenger had booked a multi-day stopover with hotel accommodation through Etihad. When the booked accommodation was unavailable, the passenger had to find and pay for an alternative hotel 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 states in the current terms of its stopover programme that flights are operated by the airline, while hotel reservations are managed by Etihad Holidays. However, passengers should contact Etihad if there are changes, cancellations or accommodation problems. This model can give customers the impression that they are buying 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.
