Compulsory Service Fee - Advertising Versus Jurisprudence


April 13, 2013 - In German law, the Price indication regulation anchored. This useful construct says in Section § 1 Abs. 1 that end consumers Final prices are to be named, i.e. prices that are charged including sales tax and other price components. German courts would not have to deal with this issue if it were not repeatedly violated.

This happened in 2012 in Berlin. The price of a cruise was advertised in a newspaper advertisement from a travel agent as follows: "... incl. Flight from / to Berlin from € 555, - pp plus service fee *." "At the end of the cruise there is an additional fee of € 7, - per adult and night spent on board without any complaints ... (etc.). "

In the opinion of the Berlin Higher Regional Court, the Higher Regional Court of the State of Berlin (decision of February 12, 2013 - 5 W 11/13), this price indication does not correspond to the correct one final price. The so-called service fee is not a voluntary amount, but a binding price component . It should therefore be included in the final price, since a final quantifiable price is given. Incidentally, it is the natural duty of the tour operator to provide a fault-free service. The Berlin Regional Court, which had previously dealt with the matter, had originally decided differently on the matter.

Can we assume that we will see a total price in advertisements in the future? Let's hope the best dear readers.

Publish modules to the "offcanvas" position.