Cleaning costs after an Oktoberfest taxi ride: Ruling from Munich
After the Munich Oktoberfest, an incident occurred in a taxi: An intoxicated passenger repeatedly asked the driver to interrupt the trip. The driver ignored the requests, whereupon the passenger vomited in the vehicle and soiled the car.
Dispute over cleaning costs
The taxi driver subsequently demanded 250 euros for cleaning. The passenger refused to pay the full amount, so the case ended up before the Munich District Court in 2010.
Court decision
The court awarded the driver only half of the amount claimed. The passenger had to pay 125 euros. The decision was justified on the grounds that the driver was partially at fault because he had ignored repeated requests to stop.
Reasoning: Breach of the duty of care
The court made it clear that taxi drivers are obliged to look after the well-being of their passengers. Had the driver responded to the requests to stop in a timely manner, the soiling could possibly have been avoided.
Apportioning responsibility
If it had been provable that the driver had deliberately ignored the requests, he would have had to bear the cleaning costs in full. At the same time, the court emphasized that passengers also bear responsibility: they must express their requests clearly and unambiguously to avoid misunderstandings. (Source: Merkur; ADAC)
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