Facts
Travel agency X. placed advertisements with price information for trips to Tunisia, Morocco, and Mexico in various newspapers, without adequately specifying the services included in the price such as travel dates, type of accommodation, and catering. The Public Prosecutor's Office of the Canton of St. Gallen subsequently brought charges against the responsible director Z. for violating the Ordinance on the Disclosure of Prices (PBV).
The Cantonal Court of St. Gallen acquitted Z. on appeal, as it considered the specification of the services in the travel catalog, to which the advertisements referred, to be sufficient. The Public Prosecutor's Office then filed a federal nullity appeal against this decision.
Considerations
The Federal Supreme Court overturned the decision of the Cantonal Court and remanded the case for a new assessment. It stated that the specification of the services for which the prices are quoted must be provided in each advertising medium, including the newspaper advertisement, in accordance with Art. 14 para. 1 PBV. A mere reference to the travel catalog is not sufficient.
Although the provisions of the PBV are not specifically tailored to the advertising of package tours, the newspaper advertisement must at least provide keywords on the destination, means of transport, type of accommodation, scope of catering, and duration of the trip. This is…