Key legal question
Whether the hotel operators breached their contractual duty of care by keeping a starting block at the pool despite the water depth.
Extracted holding
No contractual breach was established; with a water depth above 1.50 m and the applicable safety rules, the pool offered sufficient safety for ordinary use.
Extracted reasoning
The court held that the bfu recommendations and SSCHV/FINA rules, read together, did not require removal of the block at the relevant depth. A residual risk remained, but it could not be shifted to the operators. The prior instance therefore misapplied Art. 97 OR.