The case involved a young boy who was injured after walking into a glass door on vacation in Gran Canaria. An attempt to seek damages has failed so far, but it was given a second chance by Germany's highest civil court.
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A man seeking thousands in damages for a ruined vacation got the backing of Germany's Federal Court of Justice (BGH) on Tuesday.
The German man is suing tour operator Tui after his partner's child walked through a glass balcony door and sustained injuries while on holiday abroad.
Lower courts had dismissed the case, saying that caution stickers on the door provided enough of a warning.
Judges in Karlsruhe said that although the door was marked, the lower court judges should have checked to see if the door complied with the building regulations in the country where the incident took place.
If the door was supposed have been built with shatter-proof glass, then the two stickers wouldn't have solved the problem, presiding judge Klaus Bacher said. The warning signs for the hotel guest would have had to be much larger, he said.
The case will now have to be heard again in a lower court.
On the first day of their one-week vacation, the boy walked into the glass balcony door in their hotel, shattering the glass and cutting himself badly.
As a result of his injury, the child was not allowed to go swimming for five days.
The man argued Tui should pay him almost €7,000 ($7,970) in damages for the ruined holiday, covering a refund for the trip, plus compensation for wasted holiday time and the injury.
There were two warning labels on the glass door displayed at an adult's eye and hip level. But the claimant argued this did not meet safety provisions under Spanish law, and that Tui, as the holiday organizer, was ultimately responsible.
Lower courts had already rejected the suit, finding that the warnings on the door were sufficient.
However, the Higher Regional Court in Celle had asked the Karlsruhe court to clarify whether the matter should be handled by German courts when the claim relates to regulations in a foreign country.
The court in Celle will now have to hear the case again, taking Spanish building standards into consideration.
The Germans' favorite travel destinations
The German travel industry had a record year in 2018. Three in five of Germans traveled last year. In a new survey, they reveal where they prefer to spend their holidays — both at home in Germany and around the world.
Image: picture-alliance/dpa/D. Bockwoldt
Mecklenburg-West Pomerania
Thirty-four percent of Germans spent their holidays in Germany in 2018, according to the Foundation for Future Studies (FFS). With its Baltic beaches, Mecklenburg-West Pomerania was the most popular destination. The Hanseatic cities of Stralsund, Wismar and Rostock, with their Brick Gothic centers, also proved very popular — making the north a favored destination during the hot summer of 2018.
Image: picture-alliance/ZB/S. Sauer
Bavaria
Bavaria dropped to No. 2. On the popularity scale, the southern state has been competing head-to-head with Mecklenburg-West Pomerania for the most popular domestic destination for years. In 2018, the beaches beat the mountains. The fairy-tale castle of Neuschwanstein is still one of Bavaria's top sights. Even though it is currently being renovated, it remains open to visitors.
Image: picture-alliance/dpa/K.-J.Hildenbrand
Baden-Württemberg
Baden-Württemberg saw its first increase in visitors in years in 2018. The Black Forest in particular registered a record numbers of visitors. The amount of overnight stays rose by 2.4 percent to 20.7 million. The Black Forest, Germany's highest and largest low-mountain range, is popular for its evergreen forests, picturesque villages and lively traditions.
Image: DW
Spain
In 2018, 54 percent of Germans citizens spent some of their holidays elsewhere in Europe. For those travelers, Spain remained the No. 1 destination. The Balearic Islands — such as Mallorca (pictured here) — were again the most popular destination, combining beach holidays with partying: The islands saw more German leisure travelers than Greece and Turkey combined.
Image: picture-alliance/F. Gierth
Italy
Germans also remained faithful to Italy in 2018, according to the FFS, which is funded by British American Tobacco: Second place on the list of destinations within Europe went to Bella Italia! And Matera, a small town in the south, is expecting its own rush of visitors this year. With its caves, churches and palaces, the city is a European Capital of Culture for 2019.
Image: picture-alliance/dpa/P. Williams
Austria
Germany's neighbor Austria came in third among the top destinations in 2018. Holidaymakers appearted to appreciate Austria's mix of hiking in summer, winter sports in the colder months, lonely alpine pastures, magnificent views, imperial history and Baroque architecture — not to mention the delicious Alpine cuisine.
Image: picture-alliance/ZB/A. Engelhardt
Turkey
Turkey offers protected coasts, a turquoise sea and nearly 400 beaches with the infrastructure that travelers expect. In 2018, after years of declining tourist numbers, Turkey experienced a recovery and became the No. 4 international destination for German holidaymakers. Especially well liked is the Turkish Riviera around Antalya.
Image: picture-alliance/R. Hackenberg
Scandinavia
Northern Europe has become increasingly popular with German holidaymakers. No. 5 on the list of vacation destinations for 2018 went to Scandinavia, with its endless forests and sources of water — from rivers to lakes to coastlines. Scandinavia is the classic destination for nature lovers and is especially popular with campers. There are about 1,500 campsites in Sweden, Norway, Finland and Denmark.
Image: picture-alliance/imageBROKER/K. Kreder
Asia
About one in eight German holidaymakers left Europe for their primary vacation in 2018. Destinations in Asia — such as Vietnam's Halong Bay (pictured) — were their preferred choice of travelers seeking beautiful landscapes with unblemished nature. Clean air and beaches are particularly important for older travelers.
Image: picture alliance/dpa
The United States of America
From New York to San Francisco and Niagara Falls to the Grand Canyon, the United States was a close second to Asia for destinations outside of Europe. Almost 3 percent of German tourists went across the pond for their vacations in 2018.
