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Verdict: Ill guide dog no case for travel cancellation insurance

Verdict: Ill guide dog no case for travel cancellation insurance


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Munich District Court: Blind person remains on cancellation costs
If dog owners cannot go on vacation because of their sick dog, the travel cancellation insurance does not have to pay for the cancellation costs. This applies even if the four-legged friend is a guide dog and the keeper relies on the animal, the Munich District Court ruled in a judgment announced on Friday, July 14, 2017 (file number: 191 C 17044/16). The travel cancellation insurance only has to pay for those insurance cases that are specifically mentioned in the insurance conditions.

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

But his guide dog, “Frazer”, thwarts his calculations. 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 relied on the guide dog.

However, the travel cancellation insurance did not cover the cancellation costs. The plaintiff unsuccessfully claimed that "Frazer" was an aid. Broken prostheses or loosening of implanted joints are also mentioned as insured events in the insurance conditions. The same applies if he suddenly loses his eyesight due to an illness. The sick guide dog is comparable to these insurance cases. After all, someone has to take care of the dog at home.

However, in its judgment of November 11, 2016, the district court made it clear that only insurance cases that are listed in the insurance conditions count. The catalog of insurance claims contained therein is conclusive. The fact that the guide dog fell ill and the plaintiff relied on him was not an insured event. The event did not become part of the contract. fle

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