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Reading a demand letter written by a lawyer (1)

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Dear Ms Mészárosová

Our client: Benjamin Sniegon

Voyage booked through Frachtschiffreisen Zaltzman GmbH

We represent Mr Benjamin Sniegon in relation to a voyage operated by your company and booked through Frachtschiffreisen Zaltzman GmbH, a company whose seat is in Germany (the intermediary company). The voyage in question was to be by freighter from Trieste (Italy) to the Far East, and gave rise to a contract between Ox Schiffahrt Zrt and Mr Sniegon (‘the voyage contract’).

The intermediary company, which operates in particular via the Internet, described the voyage on its website, indicating that there was a fitness room, an outdoor swimming pool, a saloon, and video and television access on the vessel. Reference was also made to three double cabins with shower and toilet, a separate living room with seating, a desk, carpeting and a fridge, and to stopping at ports of call from which excursions into towns could be undertaken.

The vessel was scheduled to depart on 6 August 2010. Our client refused to embark and sought reimbursement of the sum that he had paid for the voyage on the ground that that description did not, in his view, correspond to the conditions on the vessel. Our client subsequently contacted you to request a refund for the €8500 paid for the voyage. However, he has so far received only €3500 from your company, and you have chosen to ignore my client’s subsequent communications. As you will know, our client is entitled to a full refund under Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.

We look forward to receiving the outstanding sum of €5000 within the course of the next 14 days, failing which we will take steps to issue proceedings. Please find details of our bank account in the header of this letter.

Yours sincerely

Sabine Brückelmaier

 Brückelmaier & Konrad, Rechtsanwälte

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