Cases

Michael Wukoschitz's picture

1st edition of the new "IFTTA Law Review"

The 1st edition of our new "IFTTA Law Review" is now available in print as a supplement to "Reiserecht aktuell". The online version is expected to be available shortly. The issue contains an article by Klaus Tonner on the new Package Travel Directive, the IFTTA paper on the revision of the PTD and a Canadian aviation case dealing with the Warsaw Convention.

Michael Wukoschitz's picture

German Supreme Court: putting together a package doesn't necessarily turn the travel agent into a tour organizer

Plaintiff booked a combination of air travel and sea cruise and two hotel nights in Jamaica. The combination was put together individually by a travel agent, according to plaintiff's request. At the outward flight her luggage was left behind and only deliverd to her after the cruise was finished. She claimed for price reduction.

First instance court (Amtsgericht Frankfurt am Main) granted the claim. Upon appeal by defendant, the appelate court (Landgericht Frankfurt am Main) reversed the judgement and dismissed the claim.

Michael Wukoschitz's picture

Belgium: judicial review of airlines' contractual conditions

The Belgium consumer association Test-Achats claimed that the websites and contractual conditions of three airlines - Brussels Airlines, Ryanair and EasyJet - were incompatible with Belgium's fair trading legislation which inter alia implements EU Directive 2005/29 on unfair business-to-consumer commercial practices.

John Downes's picture

Award damages for "stress, inconvenience, frustration and disruption" to their holiday as a result of delayed baggage

O'Carroll v Ryanair, Sheriff Court, 2008

R appealed against a decision of the Sheriff Court to award damages against it for "stress, inconvenience, frustration and disruption" to their holiday as a result of delayed baggage. The appeal was to the Sheriff Principal of Grampian, Highland and Islands at Aberdeen. The pursuer represented himself and his wife in the Small Claims procedure in the Sheriff Court but also in the appeal before the Sheriff Principal and was commended by the latter in how he conducted his case.

Michael Wukoschitz's picture

Australia: Queensland Supreme Court decides in air terminal accident case

Plaintiff, during the process of embarkation for a Jetstar flight from Brisbane to Adelaide, was directed to descend a flight of stairs within the terminal to access the tarmac for boarding. Having descended the stairs, he was unable to find an open door giving access to the tarmac and therefore began to ascend the stairs to ask Jetstar’s staff which way he should go. At the same time, a number of other passengers were descending the stairs and offered to show palintiff the way. Plaintiff turned, lost his footing and fell to the foot of the stairs, injuring himself.

Michael Wukoschitz's picture

Germany: law suit over hotel stars for cruise ship

The German Hotel and Restuarant Assocoation (DEHOGA) had classified the cruise ship "MS Deutschland" as "5 star superior" under its hotel classification system. The competing shipping company Hapag Llloyd sued for revocation of this classification. Landgericht Berlin dismissed the claim in first instance judgement but, however, held that DEHOGA will have to ammend its classification criteria if applying same to cruise ships. The judgement is not final yet.

Michael Wukoschitz's picture

Sweden: reference for ECJ preliminary ruling with regard to advertising entry-level prices for travel and tourist services

Ving Sverige AB, a Swedish travel company advertised New York trips in newspaper ads, indicating an entry level price only. The Swedish consumer ombudsman (Konsumentombudsmannen) sued for unfair competition as he regarded it necessary to indicate a specific price whereas advertising an enty-level price only was misleading.

Michael Wukoschitz's picture

UK: law suit over unverified TripAdvisor reviews?

KwikChex, a U.K. reputation-management company is soliciting plaintiffs and financial support within the travel industry for a class action against TripAdvisor, alleging that the travel-review site’s unverified reviews can be false, defamatory and libelous. KwikChex claims "tens of thousands" of businesses have been negatively affected by TripAdvisor’s user-generated reviews. It has not disclosed how many companies have signed on for the lawsuit, nor has it estimated when it might actually take legal action against TripAdvisor.

Michael Wukoschitz's picture

UK: High Court seeks ECJ clarification of passenger rights

The UK High Court suspended U.K. courts from hearing any more compensation cases for delays against airlines. It has ordered the suspension while it asks the European Court of Justice to review the November 2009 ruling (joint cases C-402/07 - Sturgeon v. Condor and C-432/07 Böck, Lepuschitz v. Air France) extending the claim for compensation as provided in Reg. 261/2004/EC to passengers facing (long) delays. The controversial ECJ judgement strengthened the entitlements of passengers but has outraged airlines.

Michael Wukoschitz's picture

Austria: Supreme Court decides on loss of holiday enjoyment again

Two youngsters booked a holiday package to Greece, mainly for the purpose of "having party". They therefore chose a beach hotel close to several bars, discos and other entertainment places. The tour operator, however, accomodated them in a different hotel, about 12 km away. They therefore had to take a bus or taxi to reach the entertainment places. They sued for price reduction, compensation of costs for taxi and bus trips as well as compensation for loss of holiday enjoyment.

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