Liability of the travel agent for the loss of a valuable piece of luggage

Facts

Claimant A. booked a "4-day musical cruise on the Moselle" with the sole proprietorship of B. (the defendant) in August 1999. During the transport of the luggage from the train to the boat, the claimant's luggage, which she claimed contained clothing and jewelry worth over CHF 100,000, was stolen. The claimant filed a claim for damages against the defendant.

Considerations

The Court considered that the claimant had committed a fault by not informing the defendant of the particularly high value of the contents of her luggage. Although the law on package travel does not expressly provide for such an obligation to inform, the general principle of good faith requires the creditor to draw the attention of the contracting party to the exceptional value of an entrusted object, so that the latter can take appropriate precautions. This omission by the claimant constitutes a concurrent fault…