Judges: Common diseases don`t count for cancellation

The hospitalization in a hospital for the purpose of finding a diagnosis of complaints isn`t a reason for cancellation.

In a now determined by the Amtsgericht Munich instance, booked the later applicants, 22 January 2007 for himself and his wife on holiday to Norway to the total price of 3230 euros. The 14-day trip should be commenced on 28.3.07. The wife of the plaintiff since 1996, suffered fainting attacks due to heart disease. She received in 2002 so a pacemaker. In October 2006 there were about dizziness. That's why she went on 5.1.07 in medical treatment. On 9.3.07, she went to a routine review of the pacemaker in a university hospital and was there for the clarification of the cause of the dizziness of stationary. On the same day her husband canceled the trip and demanded cancellation of the travel insurer reimbursed. It refused to pay, since the illness of the wife already existed for a while. The husband brought attention to the action before the AG in Munich. The judge dismissed the claim, however:

The travel insurance should only pay if the trip due to an unexpected serious illness was unreasonable. This was done but the cancellation because the wife of another diagnosis had been stationary. A cancellation as a result of diagnosis performed but not covered under the insured risk. You know, just because the diagnosis has yet to be implemented, not yet, whether a disease exists. In addition, the disease would also, one should accept it, certainly not unexpected. The wife finally had since October 2006 to the attacks suffered from impotence and at 5.1.07, so even before the posting in medical treatment.