Germany

Can I Sue a Tour Company for Injuries on a Guided Tour in...

3 years
Limitation period for personal injury claims (§ 195 BGB)
EU 2015/2302
Applicable Package Travel Directive (transposed into German law)
The Short Answer

Yes, you may sue a German tour operator for injuries caused by their negligence or breach of statutory duties under the BGB and Package Travel Directive.

What the Law Says

German law imposes strict liability on tour operators for damages arising from non-performance or improper performance of package travel services, including guided tours.

If your guided tour was part of a 'Pauschalreise' (package travel) — i.e., combined transport, accommodation, and/or other tourist services sold at an inclusive price for at least 24 hours or overnight — the tour operator is liable under § 651a et seq. of the Bürgerliches Gesetzbuch (BGB), which implements EU Directive 2015/2302 (Package Travel Directive).

Under § 651l BGB, the tour operator is strictly liable for damage resulting from the lack of conformity of the travel service (e.g., unsafe guide conduct, defective equipment, or failure to warn of hazards), unless the defect arose from circumstances beyond their control (e.g., force majeure). Personal injury claims also fall under general tort law (§§ 823, 831 BGB), where negligence or vicarious liability for employees (e.g., guides) may apply.

Statutory Text

The organizer is liable for damage resulting from the lack of conformity of the package travel.

— BGB § 651l (1)
Statutory Text

Claims for compensation for personal injury shall become statute-barred after three years.

— BGB § 195

What to Do

1

Document everything: take photos/videos of the injury scene, obtain witness contact details, and secure medical reports (in German or officially translated).

2

Notify the tour operator in writing within 1 month of returning home (required under § 651o BGB to preserve claims for defects).

3

File a claim with the operator; if rejected or ignored, initiate civil proceedings at the local Amtsgericht (for claims ≤ €5,000) or Landgericht (higher amounts), ideally with a German-qualified attorney (Fachanwalt für Verkehrsrecht or Reiserecht).

Sources

statuteBürgerliches Gesetzbuch (BGB) – §§ 651a–651v (Reisevertragsrecht)EU regulationDirective (EU) 2015/2302 of the European Parliament and of the CouncilstatuteGerman Civil Code (BGB) – Limitation Periods (§§ 195–202)

Related Questions

What can I do if my hotel room does not match the booking?When am I entitled to compensation for a cancelled flight?Is a German hotel liable for stolen items from my room?What rights do I have when booking through a travel agent in New York?

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-05.