Michael Wukoschitz's blog

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30th Worldwide IFTTA Conference - Bratislava

The 30th Worldwide IFTTA Conference is scheduled to take place in Bratislava, Oct. 24 to 26, 2019. The conference will be hosted by the Comenius University Bratislava. Save the date - more information to follow!

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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).

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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.

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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.

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Schengen Borders Code precludes Germany from requiring coach companies to check passports

Under German law, any coach transport operator providing a regular cross-border service within the Schengen area to Germany must check the passports and residence permits of the passengers before they cross the German border in order to prevent a transport of third-country nationals not in possession of those travel documents to German territory.

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Austrian Supreme Court: tour organiser can be liable for hotel accomodation provided by air carrier

The return flight of the plaintiff''s holiday package was cancelled and the air carrier rebooked the plaintiff for the following day. Complying with its respective obligation under Reg. (EC) 261/2004, the air carrier provided the plaintiff with hotel accomodation for the additional night. The plaintiff - a person of reduced mobility  - took a walk in the area close to the hotel where she tripped, fell down and was injured. She sued the tour organiser for compensation for pain and suffering.

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IFTTA Law Review 2-2018

The latest edition of the IFTTA Law review is now available in the members area of the website. It contains an editorial by Timothy Law, an article on price indications on online bookings by Klaus Tonner, a report about the IFTTA North America Conference by Douglas Crozier and a recent CJEU judgement on air passenger rigths. Enjoy reading!

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Austrian Supreme Court lodges request for CJEU preliminary ruling on Montreal Convention

According to Article 17 of the MC, an air carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. In Saks v Air France, the US Supreme Court has defined the term "accident" as "an unexpected or unusual event or happening that is external to the passenger" and caused the injury.

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Germany: no State liability for missed flight after lengthy security check

The plaintiff and his familiy were booked on a flight from Germany to a destination outside the Schengen area. The flight was scheduled to depart at 04:55 and the boarding time was announced for 04:30. The plaintiff and his family arrived at the security check shortly before 04:00. The officer detected a suspiciuos object in the hand luggage of the plaintiff's wife. He informed his supervisor who ordered the hand bag to be screened several times. In addition, the plaintiff's wife was checked for traces of explosive materials.

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IFTTA Law Review 1-2018 available online

The IFTTA Law Review 1-2018 is now available for download in the members' area. It contains a message by IFTTA President Marc Mc Donald and articles by Larry Gore, Doug Crozier and Michael Wukoschitz which cover U.S., Canadian and European issues. The Law Review also contains a case summary on a recent judgement of the CJEU regarding air passenger rights. Enjoy reading!

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