Facts
X. offers the rental of apartments and bungalows on the Italian Adriatic coast. Thirteen clients who had booked these accommodations between 1980 and 1982 sued him for defective services, requesting the reimbursement of rents and damages. The Commercial Court of the Canton of Zurich partially granted their claims, ordered X. to pay various sums to the plaintiffs, found that he had made inaccurate or misleading statements in his brochures, and authorized the plaintiffs to publish the judgment at X.'s expense in a Swiss newspaper and two German newspapers. Both parties filed federal appeals against the judgments of the Commercial Court. The plaintiffs requested an increase in the amounts awarded to them, while X. sought the dismissal of the claim.Considerations
The Federal Tribunal dismissed the appeals of the plaintiffs to the extent that it considered them. It partially admitted X.'s appeals and rejected the plaintiffs' request regarding the declaratory and publication conclusions.
The Federal Tribunal considered that X. must be held responsible for the success of the organization, as he presented himself as the organizer of the services offered to the clients, even though he was not the owner of the accommodations. His liability must therefore be assessed according to tenancy law, and not according to contract law as he claimed.
Regarding…