Non-cancellable hotel rooms can be cancelled during the pandemic

A tourist had booked a particularly cheap fixed rate at a hotel where cancellation was excluded. Due to the pandemic, the hotel was not allowed to accept guests for the booked period and offered the future guest a different period of his choice. The guest did not agree to this and sued for a refund in three instances.

The BGH ruled in favour of the guest; in the case of a pandemic-related ban on accommodation, there is a permanent obstacle to performance and the plaintiff had made it clear through the booking that he only wanted to use the hotel room for the desired period. As this was no longer possible due to the ban, the fulfilment of the purpose of the contract was frustrated. It was also unreasonable to simply wait until the ban was lifted. Due to the ‘fluctuating infection rate’ during the pandemic, it was simply not foreseeable when overnight stays in hotels would be possible again.

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