This was decided by the Munich I Regional Court. The two had arranged to go on a mountain tour together to the Rappenklammspitze in the Karwendel in November 2021.
According to his own statements, he had alpine experience; she described herself as a not very experienced occasional hiker. Since the woman found climbing the summit too difficult, the man suggested a circular tour, which the plaintiff agreed to. According to the information, finding the way became increasingly difficult due to snow and lack of tracks. On a rock face that the plaintiff did not want to climb down, they both decided to alert rescue services.
8,500 euros costs for air rescue
The plaintiff paid the air rescue bill of around 8,500 euros, but filed a lawsuit against her companion. She was of the opinion that the defendant was liable to her based on a contract of convenience, or at least in tort. As a de facto mountain guide, he had to ensure that the plaintiff did not become hypothermic.
- more on the subject: Extreme climber Thomas Huber injured in an accident on Untersberg
The court did not follow the argument in a decision on Tuesday and announced on Wednesday: “A purely private joint leisure event such as a private joint mountain tour is not in itself suitable for establishing contractual liability. Rather, the focus is on social contact and not the will of those involved to legally bind themselves.”
The fact that the man had previously described himself as “her personal mountain guide” in a flirtatious chat with the plaintiff does not change the assessment. The fact that she did not want to climb the summit and also decided to call the mountain rescue service shows that she was able to correctly assess her abilities. The verdict is not yet legally binding.
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