Inappropriate Client Behaviour: When Can a Tour Operator or Travel Agency Remove a Client from a Tour and When Could Such Action Be Unjustified?

Do you know when a tour operator or travel agency may remove a client from a tour due to inappropriate behaviour, and when such action by the organiser would be considered unjustified? A recent German court decision concerning a cruise holiday shows that even highly inappropriate conduct by a client does not automatically justify the immediate termination of a travel contract.

Before removing a client from a tour, a tour operator should carefully assess the seriousness of the client’s conduct, generally issue a prior warning, ensure that the situation is properly documented, and avoid penalising an entire group for the actions of one individual.

A practical example – what was the case about?

The Regional Court of Düsseldorf dealt with a case concerning a cruise holiday attended by a group of three people, with the claimant having booked the trip for himself and two other participants. One of the participants allegedly publicly “relieved himself” into a peanut jar on the open deck in front of a bar shortly after the beginning of the cruise.

The cruise continued without any problems for the following three days, and the group also took part in a shore excursion. Only after returning from this excursion did the crew unload the group’s luggage and refuse to allow them to re-enter the ship. The organiser subsequently sent the claimant an email containing details of available return flights, which the group was expected to arrange and book themselves.

The organiser therefore effectively terminated the travel contract unilaterally due to the behaviour of one member of the group.

How did the court assess the matter?

The court found that the termination was unjustified for two separate reasons.

• Firstly, even if the alleged publicly offensive behaviour near the bar had been clearly proven, the court considered that it would, at most, constitute inappropriate or disruptive conduct. On its own, however, it did not reach the level of a substantial breach of contract that would justify the immediate termination of the tour without prior warning.
• Secondly, even if the conduct had constituted a sufficiently serious breach, the organiser could not terminate the contract with regard to the entire group solely because of the actions of one member. The court therefore awarded the claimant a refund corresponding to the unused part of the tour as well as compensation for the loss of holiday enjoyment.

The judgment provides a clear practical lesson: unilateral removal of a client from a tour due to inappropriate behaviour is not a measure that should be used routinely. If a client behaves inappropriately but the conduct does not involve violence, discrimination, a threat to safety, or similarly serious circumstances, the client should generally first be warned (preferably in writing, in case of a future dispute). The warning should clearly specify which obligations the client has breached and provide an opportunity to remedy the situation.

Immediate removal from a tour should only be considered in exceptionally serious cases. Even then, it is necessary to carefully assess whether the legal requirements for termination of the contract have been met, which specific individuals the termination may apply to, and whether sufficient evidence exists to prove what actually occurred.

A general impression that a client is “problematic” is not sufficient. The decisive factors are the specific conduct, its seriousness, its impact on the course of the tour, and the quality of the documentation supporting the alleged breach.

What should tour operators and travel agencies take away from this?

When dealing with a problematic client, act objectively, promptly, and in a way that can be demonstrated with evidence. We recommend in particular:

• accurately record what happened, including when, where, and who was present,
• inform the client of the specific breach of their obligations,
• provide an opportunity to remedy the situation unless the circumstances are objectively too serious for this to be reasonably expected,
• expressly inform the client of the possible consequences, including termination of their participation in the tour,
• continuously collect evidence, in particular reports from tour representatives, communication records, witness statements, and statements from hotels, carriers, or other suppliers,
• always assess the conduct of the individual client who actually committed the misconduct; automatically “punishing” the entire group may create significant legal risks.

Those of you who have our General Terms and Conditions prepared by us will typically find provisions addressing the tour operator’s right to terminate the contract in the event of a substantial breach of contractual obligations by the customer. The same applies to the model General Terms and Conditions that we prepared for members of the Association of Czech Travel Agencies (ACK ČR).

For members of ACK ČR, we have also previously prepared a comprehensive article on how to handle various situations involving problematic clients. If you would like to refresh your knowledge of the recommended procedures, for example, as part of tour representative training or internal preparation for the peak season, please contact us.