Noro virus on a cruise at no discount

Participants in a cruise are not entitled to a reduction in the travel price due to gastrointestinal disease caused by the Noro virus

09/04/2015

If passengers of a cruise ship suffer from Noro virus, those affected are not entitled to a refund of the travel price and damages. This was decided by the district court of Rostock (file reference: 47 C 210/14). A gastrointestinal illness on a tourist ship is a general risk to life, the judge said. The verdict is reported by the German Association for Travel Law in its journal „Travel right now“.

Noro virus is highly contagious
In the case under negotiation, a couple took part in a cruise on the Mediterranean Sea. Already in the first port the man observed that coworkers, who wore a mask, cleared out some cabins. From another passenger, he learned of a gastrointestinal illness, which suffered many fellow travelers. During the trip, the couple also had diarrhea. As it turned out, they were suffering from Noro virus, making landings impossible for the rest of the cruise. In addition, the couple underwent a medical treatment, which cost 190 euros.

Human Noro viruses cause gastrointestinal inflammation, which in addition to diarrhea also cause nausea and vomiting. Those affected usually suffer from a pronounced malady, which manifests itself among other things by headache, muscle pain and abdominal pain. Due to the increased fluid loss there is a risk of dehydration.

No compensation for Noro virus
After the trip, the cruise company paid € 200 to the couple as compensation for the inconvenience. However, the man and his wife demanded the full refund of the travel price and compensation. The district court Rostock decided however in favor of the cruise company. Because the disease of the couple is not attributable to the company. Consequently, it did not perform well, it said in the explanatory memorandum. According to the tour operator, the refurbishment of the cabins was not due to the Noro virus.

The court pointed out that it had not been proven that the company already knew about the illness of many passengers when the couple boarded. There is no claim to reduction of the travel price. (Ag)

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