Judgment sick guide dog no case for the cancellation insurance

District Court Munich: Blinder remains sitting on cancellation fees
If dog owners can not go on holiday because of their sick dog, the travel cancellation insurance does not have to pay for the cancellation costs. This is true even if the four-legged friend is a guide dog and the owner is dependent on the animal, the Munich District Court ruled in a ruling announced on Friday, July 14, 2017 (Ref .: 191 C 17044/16). The cancellation insurance must pay only for those insured events, which are specifically mentioned in the terms of insurance.

Image: Dan Race - fotolia

Thus, the 39-year-old blind plaintiff has to pay cancellation fees for a canceled holiday trip in the amount of 990 euros itself. The Stuttgart native had booked a trip to Fuerteventura with his mother from 18 June 2016 until 27 June 2017.

But his guide dog "Frazer" makes him a dash through the Rechnuntg. The guide dog suffered an acute illness in the form of an epileptic seizure. The animal was unable to fly. The trip was canceled because the blind plaintiff was dependent on the guide dog.

The cancellation insurance did not take over the cancellation costs. Without success, the plaintiff claimed that "Frazer" was an aid. Also, the fracture of prostheses or the loosening of implanted joints are mentioned in the insurance conditions as insured events. The same applies if he suddenly loses his eyesight due to a disease. The diseased guide dog is comparable to these insured events. After all, somebody has to take care of the dog at home.

However, in its judgment of 11 November 2016, the district court made it clear that only insured events listed in the terms of insurance count. The catalog of insurance claims contained therein is conclusive. That the guide dog falls ill and the plaintiff relies on this, is not an insured event listed therein. The event was thus no part of the contract. fle