January 2019

Michael Wukoschitz's picture

IFTTA Law Review 3-2018 online

With a short delay, the last edition of the IFTTA Law Review 2018 is now available in the members area of the website. Prefaced by an editorial by Enrique Mota Flores, it contains articles on the liability of tourism intermediaries in Brazil (Rafael Viana) and the relation between European Passenger Rights and the Montreal Convention (Michael Wukoschitz).

Michael Wukoschitz's picture

German Supreme Court: break down of the aiport computer system constitutes "extraordinary circumstances"

The claimants had booked flights from NYC to LON and then on to STR. Due to a break down of the computer systems at JFK aiport (which all in all lasted for 13 hrs), the claimants' flight to LON started 2 hrs late and they missed their conncetion flight to STR. They were rebooked to an alternative flight and reached their final destination with a delay of about 9 hrs. Their claim for compensation under Regulation (EC) No. 261/2004 remained unsuccessful at all court levels.

Douglas Crozier's picture

Air Passenger Protection Regulations in Canada

As per my early November presentation in Cancun, the Canadian government had by that point authorized the federal regulatory body to provide detailed consumer protection rules in regard to several specific areas involving air transportation.  Areas to be addressed include delayed/cancelled flights, denied boarding (a.k.a. overbooking), the damage to and/or loss of luggage, tarmac delays, and rules surrounding the transport of children and musical instruments.

Michael Wukoschitz's picture

CJEU: No Claim for Compensation under the EU Air Passenger Rights Regulation if Air Carrier is Lacking Valid Operating Licence

In 2017 the claimants had booked a holiday package to Mallorca with TUI Germany including flights with Sundair. Five days before departure they were informed that they were rebooked to other flights operated by other airlines wtih an outward flight arrving in Mallorca more than 13 hrs later and a return flight arrivng in Germany more than 3 hrs later than orginally booked. They filed a law suit against Sundair for compensation according to Reg. (EC) No. 261/2004.