Leitner — damages for loss of enjoyment

The Leitner ruling (ECJ C-168/00, 12 March 2002) is the case law that recognises "loss of enjoyment" as a concrete damage head — separate from material costs.

The case. An Austrian family booked a two-week all-inclusive holiday in Turkey via TUI. During the trip, the 10-year-old daughter contracted salmonella from poor hotel hygiene — she was ill for over a week and could not join activities. The family claimed damages for "lost holiday enjoyment".

What did the ECJ decide? Under the Package Travel Directive (then 90/314/EEC, now 2015/2302) the consumer is entitled to compensation for all damage arising from non-performance by the tour operator — including non-material damage such as loss of enjoyment. Not explicitly in the directive but flowing from its protective purpose.

How is loss of enjoyment calculated?

• Typical Dutch rulings: 25-50% of the trip price for serious loss of enjoyment.
• For mild defects (no all-inclusive as promised): 10-15%.
• For holiday-ruining problems (illness from hotel, week-long noise nuisance): 50-75%.
• The Geschillencommissie Reizen has its own guidance — usually 20-40%.

Example: €2,400 package tour for family of 4. Hotel was 3-star instead of booked 4-star, noise nuisance all week, no restaurant as promised. Material damage (taxi to external restaurants, extra meals): €280. Loss of enjoyment @ 30%: €720. Total claim: €1,000.

How to write it into your letter: cite Art. 7:511 BW in conjunction with EU 2015/2302 + Leitner ruling ECJ C-168/00 (12 March 2002). Specify the factual defect, give a reasoned percentage, claim the amount. Our package-tour complaint letter does this by default.